This case again emphasises that parties to a divorce must disclose everything, if they don't the agreement reached can be set aside by the court, even if the agreement was reached many years ago.

In this case, the husband initially failed to disclose his significant interest in a trust, resulting in the financial order from 2010 being set aside and his former wife receiving further sums in 2016. In 2018 it came to light that in 2016 he had failed to disclose that his business was to be sold resulting in another successful set aside application. Even though this was years past the divorce the duty to disclose is an ongoing one.

The Court of Appeal will now have to grapple with how to address this development, indicating that in non-disclosure cases the court has flexibility to adapt its approach, referring to the husband's "fraudulent non-disclosure" on two occasions and emphasising that they must consider the entire financial landscape.

Fail to disclose at your peril!