Divorce is often a turbulent and emotional process, especially when it involves disputes over finances or child arrangements. It is difficult enough without the added worry that one party may have been dishonest, leading to a potentially unfair outcome. But what can you do if you suspect your ex lied during the divorce proceedings? This article explores what recourse is available to you if you believe your ex misled the court, and how you might be able to have your case revisited.
Divorce is often a turbulent and emotional process, especially when it involves disputes over finances or child arrangements. It is difficult enough without the added worry that one party may have been dishonest, leading to a potentially unfair outcome. But what can you do if you suspect your ex lied during the divorce proceedings? This article explores what recourse is available to you if you believe your ex misled the court, and how you might be able to have your case revisited.
If you have a family law issue and you require legal advice to understand your options, contact specialist family law solicitor Naheed Taj. Naheed is a highly acclaimed family solicitor with a successful track record in dealing with complex and challenging family law, divorce, and child cases.
What are the grounds for reopening a case?
Finality is an essential principle in divorce law. Once a court has issued a final order—whether that is a financial settlement, a child arrangement order, or another aspect of the divorce—there is a strong presumption that it should not be disturbed. However, this does not mean that unfairness arising from dishonesty cannot be addressed.
If you believe that the outcome of your case was unjust because your ex lied during the divorce, you can apply to have the case reconsidered under specific circumstances. These usually fall into two main categories: fraud or material non-disclosure and new evidence that has come to light.
Fraud or material non-disclosure?
The most common ground for reopening a case is fraud or deliberate non-disclosure of information by one party during the divorce proceedings. This typically relates to finances, but can also include matters related to children.
If your ex was dishonest about their income, savings, property, or other assets, and this misinformation influenced the financial settlement, this could be considered a serious breach of the legal requirement to make full and frank disclosure during divorce proceedings. For example, if your ex concealed significant savings or failed to disclose the true value of investments or businesses, you may have a valid reason to return to court. Non-disclosure can also include minimising earnings or inflating debts.
Fraud is a more severe form of dishonesty. If your ex provided false documents, forged signatures, or manipulated evidence to deceive the court, this would be considered fraud. Fraud can extend beyond finances—if lies were told about issues like domestic violence, the wellbeing of children, or other key factors that influenced the court’s decisions, these can also be grounds for reconsideration.
What new evidence would I need to show?
In some cases, evidence may emerge after the final court order that was not available during the original proceedings. If this new evidence would have had a significant impact on the outcome, it might be grounds for a fresh application. This could be evidence of undisclosed assets, hidden bank accounts, or changes in circumstances such as new relationships or significant financial changes soon after the divorce.
What is the process for reopening a divorce/family law case?
The process for reopening a case depends on whether the issue concerns financial settlements or child arrangements. The legal framework differs slightly depending on the type of case.
Revisiting financial settlements
If you believe your ex lied or misled the court regarding finances, you can apply to set aside the original financial order. This type of application is governed by Rule 9.9A of the Family Procedure Rules 2010. However, it is important to note that the bar for reopening financial orders is high. The court must be satisfied that the deception was substantial enough to warrant reconsideration and that it significantly altered the fairness of the outcome.
A leading case in this area is the 2015 case of Sharland v Sharland in which the Supreme Court allowed a wife to reopen her financial settlement after it was revealed that her husband had lied about the potential value of his business. The court ruled that fraud nullifies any finality in divorce settlements, and thus the wife was entitled to a fresh hearing.
Similarly, the case of Gohil v Gohil highlighted that non-disclosure of material financial information can lead to the setting aside of a financial settlement. The Supreme Court ruled that when one party intentionally conceals their true financial position, it undermines the foundation of the original settlement.
To succeed in such an application, you must:
- Provide clear evidence that your ex deliberately withheld or misrepresented key financial information.
- Demonstrate that the non-disclosure or fraud significantly impacted the fairness of the settlement.
- Act promptly upon discovering the dishonesty, as undue delay can weaken your application.
Revisiting child arrangements
If the issue relates to child arrangements, such as contact or residence orders, the legal process for revisiting the case is different. Family courts always prioritise the best interests of the child, so any order made can potentially be revisited if circumstances change or if significant facts were concealed during the initial proceedings.
For example, if your ex lied about their relationship with the child or falsely accused you of abusive behaviour, which influenced the court’s decision, you can apply to vary or discharge the original child arrangements order. This is done by making an application under Section 8 of the Children Act 1989.
In child custody cases, the court is more flexible in reviewing decisions, as the circumstances and needs of children can evolve over time. If it is in the child’s best interest to change the arrangements, and new evidence supports this, the court is likely to reconsider the case.
What steps can I take if I suspect fraud or lies?
If you believe your ex lied or misled the court during your divorce proceedings, it is crucial to act promptly. Family law can often be complex, so it is advisable to consult a solicitor who specialises in divorce and family law. They can assess the strength of your case, help you gather the necessary evidence, and advise you on the best course of action.
To successfully reopen a case, you will need concrete evidence to prove that your ex was dishonest. This could include financial documents, witness statements, emails, or other records that demonstrate fraud or non-disclosure.
If you have sufficient evidence, your solicitor will help you apply to set aside or vary the original order. The court will then decide whether the case should be reopened, and if so, a fresh hearing may be scheduled.
Reopening a divorce case can be lengthy and expensive, particularly if it involves complex financial matters. You may need to prepare for further litigation, including disclosing your own financial information and attending court hearings.
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