Consent,Fraud and Family Law |
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Authors: | Alison Diduck |
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Institution: | Faculty of Laws, University College London, London, UK |
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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? |
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Keywords: | Ancillary relief matrimonial finances fraud |
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