Gohil v Gohil & Sharland v Sharland ======================================= Gohil and sharland: non-disclosure in divorce --------------------------------------------- In the cases of Gohil v Gohil and Sharland v Sharland, both husbands had intentionally failed in their legal obligation to provide full and frank disclosure of their finances to the court. As a result, the Supreme Court held that Ms Gohil and Ms Sharland could have their financial settlements overturned and cases re-opened. The cases were heard in tandem and are significant due to the Supreme Court's approach to the husbands' fraudulent [non-disclosure](https://vardags.com/law-guide/basic-principles/non-disclosure) - when one spouse deliberately hides assets away from the other during divorce proceedings. As part of these combined judgments, the court departed from previous case law and made it easier to challenge an order where there had been fraudulent [non-disclosure](https://vardags.com/law-guide/basic-principles/non-disclosure). The court ruled that deliberate and fraudulent [non-disclosure](https://vardags.com/law-guide/basic-principles/non-disclosure) will be presumed to be material (that is, important to proceedings) unless the person who lied can demonstrate otherwise. This marked a departure from previous case law, which had held that any disclosure had to be shown to be material. Instead, the burden now lies on the dishonest party to show that their lies made no difference to the outcome of proceedings. This is a great benefit for those who are victims of dishonest conduct and non-disclosure, making it much easier for proceedings to be re-opened if one party has lied. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") ### Gohil v gohil The parties in Gohil v Gohil had divorced in 2002 and reached a settlement in 2004, even though the wife believed that the husband had significant [undisclosed assets](https://vardags.com/faq/divorce/how-to-uncover-hidden-assets-during-divorce-proceedings). Following the divorce, the husband was subject to criminal proceedings for aiding in the laundering of assets fraudulently sequestered from the government of Nigeria. As part of the criminal investigation, it became apparent that the husband had left a large amount of his assets undisclosed during the divorce proceedings. The wife appealed the decision to the Supreme Court. In the joint judgment with the case of Sharland, the court held that the husband was guilty of fraudulent [non-disclosure](https://vardags.com/law-guide/basic-principles/non-disclosure) and that the wife was entitled to have her case reheard. You can read the full judgement of Gohil v Gohil [here](https://www.bailii.org/uk/cases/UKSC/2015/61.html). ### Sharland v sharland Mr and Mrs Sharland married in 1993, separating in 2010. During that time, the husband built up a valuable technology business. The exact value of the business could not be agreed by the experts on the case. As part of this process, the husband was asked whether the business was going to be subject to an initial public offering (*i.e* flotation on the stock market). He said no, but the wife later discovered that there were advanced plans for an IPO. The wife ultimately appealed to the Supreme Court. The court held that as both parties owe a duty of full and frank disclosure to the court, then "fraud unravels all" and the agreement between the parties was set aside. You can read the full judgment of Sharland v Sharland [here](https://www.bailii.org/uk/cases/UKSC/2015/60.html). About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) Related Reads ------------- ### Four ways non-disclosers hide their assets Non-disclosure in divorce cases has recently hit the headlines again with reports of asset hiding... [READ MORE](https://vardags.com/family-law/four-ways-non-disclosers-hide-their-assets "Four ways non-disclosers hide their assets") ### Three ways to overcome non-disclosure I have lost count of the number of times that a client has said to me "my spouse is very clever,... [READ MORE](https://vardags.com/family-law/three-ways-to-overcome-non-disclosure "Three ways to overcome non-disclosure") Related Guides -------------- [Discovering Financial Assets: Goddard-Watts v Goddard-Watts 2023 EWCA Civ 115](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/discovering-financial-assets-goddard-watts-v-goddard-watts "Discovering Financial Assets: Goddard-Watts v Goddard-Watts 2023 EWCA Civ 115") [Financial Non-Disclosure in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/financial-non-disclosure-in-divorce "Financial Non-Disclosure in Divorce") [How Courts Use Financial Forensics in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/using-financial-forensics-guide-to-disclosure "How Courts Use Financial Forensics in Divorce") [Kingdon v Kingdon: Non-Disclosure in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/kingdon-v-kingdon-non-disclosure-in-divorce "Kingdon v Kingdon: Non-Disclosure in Divorce") [Asset Tracing in Divorce](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/asset-tracing-in-divorce "Asset Tracing in Divorce") [What Is Financial Disclosure in Divorce?](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/what-is-financial-disclosure-in-divorce "What Is Financial Disclosure in Divorce?") [Young v Young](https://vardags.com/law-guide/important-divorce-cases/young-v-young "Young v Young") [How do you uncover hidden assets during divorce proceedings?](https://vardags.com/faq/divorce/how-to-uncover-hidden-assets-during-divorce-proceedings "How do you uncover hidden assets during divorce proceedings?") [My spouse is hiding assets in offshore bank accounts and companies, what can I do?](https://vardags.com/faq/divorce/spouse-hiding-assets-offshore "My spouse is hiding assets in offshore bank accounts and companies, what can I do?") Glossary Reference ------------------ ### Non-disclosure The failure, deliberate or otherwise, to provide information required by the court. ### Set-aside of an order A decision of the court to discard an order, as though it had never been made. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- The team who supported my case at Vardags over several months, led by Nikki Hale (Senior Associate), were outstanding. Nikki navigated me through unchartered territory with expert counsel. It was a blend of confidence, honesty... and objectivity with my best interests always in mind. Further to the professional qualities Nikki and her team possess, they were so personable and I felt they really appreciated and considered any emotional or sensitive matters. I have since recommended Niki and Vardags to friends which is the greatest compliment I can pay. Philip Rogers What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher Throughout my time using Vardags I felt that I have always been in the best possible hands. I enjoyed an excellent level of service and received accurate and precise legal advice. The lawyers are hugely talented, sensitive and... focused on getting the very best results. Their no-nonsense and direct approach is most valuable when time and costs are of the essence. I highly recommend them over and above any other law firm I have ever dealt with. Thank you Vardags. Valerie Knowledgeable, respectful and empathetic service and team. Michelle Ravden Getting any kind of family problem is really when you are at your most vulnerable variables and their whole team were incredibly supportive, kind, attentive and caring throughout the entire experience. The whole team were... incredibly supportive, kind, attentive, and caring throughout the entire experience. Geeta Sidhu-Robb Immediate advice was gratefully received. No hesitation in recommending Vardags. 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