Establishing the true facts - Court Order set aside after dispute over property division

The original consent order from the Judge had been that two properties in London and New York constituted matrimonial property. As such, their value would be aggregated with a third property, and the total divided equally.

The wife made an application to implement the terms of the consent order. Yet, husband also applied, to have the order implemented differently.

However, on the evidence of an expert witness, the whole basis of the order was shown to be false, in that the trust was not capable of being liquidated and its value transferred to the parties.

The Judgement was that the true facts on which the consent order was made had not been known by either the parties or the court at the time. Had the true facts been known, the Judge would have ordered a “materially different” order. It was necessary for the original order to be set aside.

You can read more on this recent case at The Family Law Hub.