Kingdon v Kingdon: Non-Disclosure in Divorce

Overview: What happened in Kingdon v kingdon?

Kingdon v Kingdon [2010] EWCA Civ 1251 is a landmark case in UK family law that established the ‘Kingdon Approach’ to dealing with non-disclosure of assets in divorce proceedings.

Facts of the Case

• The ancillary relief proceedings were concluded in April 2005, where the husband failed to disclose the purchase of £200,000 of shares.
• The husband subsequently sold some of the shares in November 2006 for a sum of £1,633,000, with a net gain of £1,268,000.
• The wife became aware of the non-disclosure and in 2008 wrote to the husband’s solicitors about the shares. However, the husband lied in correspondence about the sale, the value and the tax paid on the shares. 

Legal Issues and Judgment

The central issue was whether the original order should be set aside entirely or amended to reflect the undisclosed assets.

Considering the non-disclosure, in addition to the order reached in 2005, the High Court Judge ordered the husband to pay an additional lump sum of £481,000 – which was the subject of appeal. 

The Court of Appeal held that although in some cases of non-disclosure the Court would require a re-hearing and fresh consideration of the s.25 factors, that would not always be the case. Consideration as to how to proceed would depend on an analysis of the nature of the defect generated by the non-disclosure. As a result, in this case the court determined that it was unnecessary and inappropriate to set aside the whole of the order and to direct a full rehearing of the wife’s application. Instead, the Court awarded the wife an additional lump sum to represent her interest in the non-disclosed assets.

This has later been referred to as the ‘Kingdon Approach’. 

Why This Case Matters

Kingdon v Kingdon clarified that:

• Courts have flexibility in responding to non-disclosure.
• Remedies can be proportionate, avoiding unnecessary litigation.
• The integrity of financial disclosure is paramount in divorce proceedings.

Implications for Divorce Cases Today

If a spouse fails to disclose assets:

• The court may adjust the settlement without setting aside the original order.
• Dishonesty can lead to financial penalties and reputational damage.
• The case reinforces the importance of full and frank disclosure under Form E.

Need Expert Help?

Vardags’ team of top divorce lawyers delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses. We are the only HNW family law firm with an in-house Financial Forensics department. Our team specialises in identifying, tracing, valuing, and forensically reviewing assets, including businesses, property, and investments. 

If you are a high-net-worth individual going through or considering a divorce, it is crucial to have an accurate valuation of all your spouse’s assets. Whether these assets are held in complex international trusts, hidden within investment portfolios, or concealed through intricate share structures, they must be identified and considered for a fair settlement

If you suspect your spouse has hidden assets or misled the court, our team of elite divorce lawyers and forensic experts can help. We offer a free initial consultation to qualifying individuals. 

BOOK FREE CONSULTATION