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Civil Fraud Quarterly Round-Up: Q4 2025
Mary Young
The recent case of Vince v Wyatt [2013] EWCA Civ 495 is a stark example (and warning) of why it is becoming increasingly important to obtain a final financial order if you have taken the decision to get divorced, and why you should always retain any documentation relating to your divorce and financial matters.
The divorce case of Young v Young has been rumbling through the courts for four years. It got going just as the financial crisis took hold in 2008/2009. Scot Young, in sunnier times, was supposed to have been worth £400 million. The couple had children together, and Michelle Young is seeking a full payout on divorce.
The recent case of Davies v Davies has been widely reported in the press as “the end of multi-million payouts for wives”. It isn’t the end. Separating wives and their lawyers can sleep at night. More importantly the case shows just how hard the courts are finding it to establish new law on inherited wealth, or pre-marital business assets which one party brought into the marriage.
The recent Court of Appeal decision of Petrodel Resources Limited v Prest [2012] has (once again) caused a ripple of shock amongst family lawyers, and it highlights the conflict between the differing approach of Judges in the Family Division and those in the Chancery Division. The Court of Appeal, by a majority of 2 to 1, overturned an Order for the transfer to the wife of various properties owned by corporate entities which were owned and controlled by the husband.
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