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Family Law

The leading authority on all aspects of family law

28 JUL 2014

Concealment in family financial proceedings: a crime by any other name

Concealment in family financial proceedings: a crime by any other name
Family Law

ASHLEY MURRAY, Ashley Murray Chambers, Liverpool

 
Since Tavoulareas [1998] 2 FLR 418, CA, deliberate concealment within divorce financial remedy proceedings has been treated as ‘litigation misconduct’ and dealt with as a costs matter and not as conduct within the balancing exercise under s 25 of the MCA 1973.

Ashley Murray suggests that this approach is simply wrong and continues to undermine the authority of and respect for the Family Court and its ability to do justice between spouses within the statutory exercise in financial remedy proceedings.

In the light of recent high profile examples of where spouses have acted fraudulently before the court without any substantial penalty, he suggests that the present approach of the Family Court to such behaviour is totally inadequate, out of line with the approach of other divisions of our legal system and in need of urgent revision.

The full version of this article appears in the August 2014 issue of Family Law.

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