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Supreme Court opens door to possibility for widespread divorce settlement appeals

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Victims of divorce fraud should look to obtain a larger slice of their ex-spouse’s pension, argues Debbie Kay, Private Client Partner, Thomas Miller Investment.

“The case of Sharland and Gohil, who accused their ex-husbands of misleading the courts of their net worth during their divorce proceedings, has won a victory at the Supreme Court for all those who did not get a “fair deal” based on the true value of assets on divorce. 
 
“This landmark judgement enables ex-spouses to push for the courts to reconsider their financial settlement where it can be shown that the previous settlement was based on information that was either inaccurate or not fully disclosed.
 
“With the new pension freedoms now fully in force, obtaining a new or larger pension sharing order as part of a new settlement is potentially far more attractive that it may have been at the time of the original divorce. 
 
“In addition, those who have pension earmarking orders, granting a share of an ex-spouse’s pension, should take legal advice to see if these can be turned over as part of a new settlement.  Earmarking orders put too much control in the hands of an ex-spouse, which is undesirable at the best of times, let alone if they have been proven to have lied to the court.
 
“Any spouse who is challenging a court order should look into using the services of a financial planner alongside their legal advisers to get the best possible outcome.”

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