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Material non disclosure and fraud when agreeing consent order

  • Crossthread
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  • Fresh Boarder
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4 weeks 1 day ago #512293 by Crossthread
We were divorced 4 years ago following a short marriage (<5yrs). The then applicant had 3 children from previous relationships / marriage and also our child.

Stating she couldn’t work due to child care and caring for her mother who was terminally ill.

All assets were transferred to her, a large monthly payment was drafted based on her inability to raise funds / support herself to meet the shortfall between child maintenance and core living costs.

It has recently emerged (<6 months), that she failed to disclose a significant Six figure inheritance expectation, Which materialised less than 12 months.

It is therefore suggested she purposely chose to not disclose this amount in her form E, when it would have been in her contemplation at the time.

It was raised in negotiations by counsel who was informed by responding counsel that it was ‘non material’, and thus it is suggested her counsel was either misled or complicit in misleading court and negotiating counsel.

Can the consent order therefore be challenged on this basis successfully given the stigma and reluctance for consent orders to be varied by the courts?

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