ON v ON: Arbitration awards in divorce and non-disclosure ========================================================= We successfully represented the applicant wife in [ON v ON \[2024\] EWFC 379](https://www.bailii.org/ew/cases/EWFC/HCJ/2025/379.html), a long running case in which the court changed an arbitral award on the basis of the husband's fraudulent non-disclosure. ### **Background** The parties to this case had a long marriage of 24 years, sharing children - the youngest of whom remains at school and lives with her mother. The husband is the managing director of a multi-million pound business. The parties first attended a private FDR appointment but were not able to reach an agreement and thereafter agreed to arbitrate, with an award handed down at the start of 2022. ### **Issue** Following the arbitrator's award, discussions as to the drafting of the order took place as normal. However, upon further information coming to light, the wife challenged the award on the basis that there had been fraudulent non-disclosure by the husband. The most substantial allegation was that the husband had misled the expert appointed to value the relevant companies. The husband refuted the allegations raised. ### **Conclusion** The court agreed with the wife that the husband had indeed misled the expert and the court in his evidence and as such went behind the award to provide the wife with more capital, seeking to ensure that she received what she would have done but for the husband's fraudulent non-disclosure. It was found that the husband had failed to disclose information that was material to the outcome of the arbitration, namely company accounts which produced very different figures from those given to the single joint expert and the arbitrator. As a result, it was concluded that the wife should receive £1.16 million pounds more, plus £200,000 in respect of her costs. This case serves as a reminder that while arbitration can expedite the resolution of family matters, it cannot override the statutory principles governing financial remedies. Parties engaging in arbitration must provide complete and accurate disclosure of their financial circumstances, and that duty is ongoing until such a time that an order is made. "Ayesha Vardag - Britain's top divorce lawyer." ![The Huffington Post](https://vardags.com/images/logo/huffpost.png) "Ayesha Vardag - Woman of the Year"![GG2](https://vardags.com/images/logo/gg2-3.png) "Leading, Magic Circle law firm."Mr Justice Coleridge "A handful of firms dominate the so-called 'glamour' end of the market ... Vardags"The Times "One of the best divorce lawyers in the country"Marie Claire "Ayesha Vardag - 'diva of divorce' for the world's super rich" ![BBC](https://vardags.com/images/logo/bbc.png) "Dr Stephen Bence is a financial genius."Lewis Marks KC "Ayesha Vardag - the Queen of divorce"Daily Mail "Vardags brilliantly argued my case to a resounding victory"Pauline Chai (client) "Britain's top divorce lawyer" ![The Telegraph](https://vardags.com/images/logo/telegraph.png) More Family Law news -------------------- [Vardags Family Law Essay competition 2024/25 | Nayantara Nair](https://vardags.com/family-law/family-law-essay-competition-2025-nayantara-nair "Vardags Family Law Essay competition 202425 | Nayantara Nair") [AJ v FJ (Appeal Against Registration) [2024] EWFC 356](https://vardags.com/family-law/aj-v-fj-appeal-against-registration "AJ v FJ (Appeal Against Registration) 2024 EWFC 356") [ON v ON: Arbitration awards in divorce and non-disclosure](https://vardags.com/family-law/on-v-on "ON v ON: Arbitration awards in divorce and non-disclosure") [Italian Parliament passes law on surrogacy making it a "universal crime"](https://vardags.com/family-law/italy-surrogacy-ban "Italian Parliament passes law on surrogacy making it a universal crime") [Vardags Family Law Essay competition 2023/24 | Aisha Dondo](https://vardags.com/family-law/family-law-essay-competition-2024-aisha-dondo "Vardags Family Law Essay competition 202324 | Aisha Dondo")