Ex-wife can appeal Court of Appeal decision
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9th September 2014
Alison Sharland, who claims her former husband cheated her out
of millions in their divorce settlement, has now been given permission
to appeal against the Court of Appeal’s decision to uphold the original
The Sharlands divorced after 17 years of marriage, with Mrs
Sharland receiving £10.355m in cash and properties in the divorce
settlement and her ex-husband getting £5.64m. However, he would also
retain a larger proportion of the profit received when selling the
shares in his business that had been valued between £31.5m and £47.25m.
Not long after the divorce settlement, it became apparent that
the company could in fact be worth up to $1bn (£600m) and an initial
public offering was being prepared. This was contrary to Mr Sharland’s
evidence in Court.
At this time, Mrs Sharland sought to set aside the divorce
settlement that had been approved in the High Court. The Judge accepted
that her husband had wilfully concealed information and had lied to the
court, but refused to set aside the agreement on the grounds that the
Court would not have made a substantially different order even if they
had been party to this information.
Two of the three Court of Appeal judges upheld the High
Court’s decision, while Lord Justice Briggs disagreed. He felt
that the husband’s fraud undermined the whole agreement. However,
despite accepting that Mr Sharland’s ‘deliberate and dishonest’
non-disclosure was ‘deplorable’, the Court of Appeal ordered Mrs
Sharland to pay her former husband’s appeal costs.
The new case will be heard in June 2015, at which time the
Supreme Court will need to consider whether the original decision was
unfair due to Mr Sharland’s dishonesty.
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Article Published/Sorted/Amended on Scopulus 2014-09-18 09:03:16 in Legal Articles