Consent, Fraud and Family Law. Issue 1 (2nd January 2016)

• Record Type: Journal Article
• Authors: Diduck, Alison
• Is Part Of: Journal of social welfare and family law. Volume 38:Issue 1(2016)
• Page Start: 83
• Page End: 86
• Publication Date: 2016-01-02
• Subjects: Ancillary relief -- matrimonial finances -- fraud; Public welfare -- Law and legislation -- Great Britain -- Periodicals; Electronic journals; 344.410305
• DOI: 10.1080/09649069.2016.1145831
• Languages: English
• ISSNs: 0964-9069

Abstract

Abstract: In two recent cases the Supreme Court unanimously clarified that one party's fraudulent non-disclosure of material facts 'unravels' any agreement made in their absence. Because the parties' agreement is a sine qua non of a consent order, the order may be set aside, despite the desirability in family law of clean break and certainty. Victims of fraud in matrimonial proceedings should not be left in a worse position than victims in other civil proceedings. However, while consistency across different areas of civil law was important here, are there any circumstances in which inconsistency may be justified?