Court grants wife additional assets after husband fails to make full disclosure

Divorce|Family Law|News|January 10th 2013

A court has increased the assets awarded to a wife in a divorce because the husband failed to fully declare his assets.

The case of A v A concerned a couple of Chinese origin, originally from Hong Kong. They had been married for 21 years and had one adult son when the marriage came to an end. The wife launched ‘financial remedy’ proceedings (an application for a financial settlement after a divorce).

The husband a declared a half share in the couple’s home, his takeaway business and an annual income of only £12,000 after tax. He then failed to take part in subsequent proceeding s. The wife believed he had returned to Hong Kong after selling his takeaway business to another party. She presented evidence from the Hong Kong Land Registry that her husband had recently transferred three properties there worth £829,800 and also produced a list of assets worth more than £1.6 million.

The court drew “adverse inferences” from the husband’s failure to fully declare his assets and the fact that he did not participate the legal hearings. The wife was therefore awarded additional assets on top of the usual 50:50 split. She was granted £902,811, or 53.5 per cent of the marital assets as well as pension payments.

Photo of Hong Kong by David Iliff via Wikipedia under a Creative Commons licence

Author: Stowe Family Law

Comment(1)

  1. Sam says:

    Hello Marilyn
    I have been reading your blog and have, found it very helpful. I have a couple of questions you might be able to give me answers.
    I separated from my wife back in May 2011, leaving the marital home and, my 2 daughters with there mother to be looked after, I started to pay maintenance shortly after threw csa.
    Since last year July 2012 both my daughter have been put in to my care threw social services.
    I have applied for a residency order, the date was back in February and it was a directional hearing pending investigation ie social services, police reports. The main thing is that my children are safe, they both have made it clear that they don’t want to go back to live with there mother.
    She applied for the divorce and we got the decree nicer back in January 2013. I have done all the usual stuff you have to do, go to mediation, she didn’t not attend her session when asked by the mediator, I now have applied for the finances to be sorted out , asset we have got is the house with an equity of about approximately 2k, she also holds in her name about 75k in stocks and cash, which she denies having. I have statement s to proof she was holding money in a share account in the uk, whilst I was living with her. My main questions are if she doe’s not put the 75k in her E form and she has transferred the money in to somebody else’s name can I force her to declare it and, will the judge look at it .
    Also how will the judge look at the equity in the house to be split bearing in mind both children are residing with me.
    Regards Sam

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