B v B
[2024] EWFC 311 (B)
TYB v CAR (Non Disclosure)
16 December 2023
[2023] EWFC 261 (B)
Family Court
A husband hid his money after a divorce. The judge said he needed to show his finances or the judge would decide for him based on what little information was provided. The case highlights the importance of honesty during divorce proceedings.
Key Facts
- •Husband, a high-earning sales professional, claims significantly reduced income post-separation.
- •Wife alleges non-disclosure of assets and income by husband.
- •Short marriage with a young child.
- •Husband's income significantly decreased while expenses remained high.
- •Husband failed to comply with multiple court orders for financial disclosure.
Legal Principles
Proper disclosure is essential for fair financial arrangements in divorce.
English Family Law
Courts can use inference to determine financial arrangements where there is non-disclosure.
Moher 2019 EWCA 1482
Non-disclosing party should not obtain a better outcome than if they had complied with disclosure obligations.
Moher 2019 EWCA 1482
Family courts can make orders based on available information, even if incomplete, and draw inferences from non-disclosure.
This case
Form E is considered a gold standard for financial disclosure.
This case
Significant changes in asset position since separation require open disclosure and explanation.
This case
Costs can be awarded against a party for non-compliance with court orders, including those who are unrepresented.
This case
Outcomes
Final hearing adjourned to allow for further disclosure.
Insufficient reliable information to make a fair and just order.
Husband ordered to provide detailed information on legal fees, asset sales, and bank/financial accounts.
Addressing non-disclosure and inconsistencies in husband's statements.
Husband ordered to provide information to the court regarding his parents' financial transactions.
Investigating the source of funds for the husband's living expenses and accommodation.
Husband ordered to explain the dramatic change in his income.
Addressing inconsistencies between claimed income and past lifestyle and financial dealings.
Interim spousal maintenance of £1000 per month ordered.
Based on husband's offer at the hearing.
Husband ordered to indemnify wife for placenta storage costs and damage to former family home.
Husband accepted responsibility for these debts.
Costs awarded against the husband for previous hearings.
Due to husband's wilful non-disclosure and non-compliance with court orders.