News

Husband jailed for lack of disclosure in divorce case

  • January 17, 2013
  • By Hunters Law

Scot Young has been sentenced to six months in jail for failing to comply with Court Orders requiring him to make financial disclosure in divorce proceedings.

The Young divorce case has been widely reported in the press. Mr Young maintains that he has no assets, having lost everything in a disastrous business venture. His lifestyle, he says, is supported by friends. Mrs Young maintains that her husband has secreted wealth of up to £400 million.

In financial cases on divorce both parties are required to give financial disclosure supported by evidence. Each party may raise questions on the other’s disclosure. Mrs Young did so in July 2008 asking, amongst other things, for evidence of how Mr Young was supporting himself. Numerous orders were made requiring Mr Young to respond; a six month sentence of imprisonment was imposed in June 2009, but suspended to allow Mr Young more time to respond. He failed to do so.

In November 2012, the High Court made a further order requiring that Mr Young respond, and the Judge made clear that further failure to comply may result in a jail term. Mr Young purported to respond, but some responses were described by the Judge as “absurd” and “next to useless”. To commit Mr Young to prison the Judge had to be satisfied “beyond reasonable doubt” that he had failed to comply with the Court’s order to respond, and it was for Mrs Young to show that this was the case. This standard was found to be met.

The aim of the sentence is not to punish Mr Young, but to secure the information. The Judge made clear that if Mr Young now complied, the sentence may be lifted.

Judges will continue to give litigants every opportunity to comply with orders for disclosure before resorting to committal, but the fact that it has been imposed on this occasion, and the publicity it has received, will send a message that the Court is not willing to allow non-disclosers to ignore their obligations without consequence.

Please contact our Family team for advice on this and related issues.

Related News

Jun 22, 2021
Jo Carr-West and Lara Barton discuss CGT for divorcing couples in WealthBriefing’s Family Wealth Report
Jun 15, 2021
Eri Horrocks discusses what separated parents must consider when wanting to relocate within the UK
Jun 10, 2021
Henry Hood and Nicole Derham discuss what separated parents should be aware of when taking their children abroad on holiday in The Times
Jun 09, 2021
Amy Scollan comments on DIY and ‘quickie’ divorces and why they aren’t appropriate for UHNW clients in Citywealth
May 20, 2021
Henry Hood examines Frederick Barclay’s £100m divorce settlement following a High Court battle in EPrivateClient
May 17, 2021
Nicole Derham discusses separated parents taking their children abroad as international travel reopens
Apr 27, 2021
Eri Horrocks discusses arrangements for divorcing couples with pets during National Pet Month
Apr 26, 2021
Polly Atkins examines whether a former spouse can be required to pay rent pending the sale of the family home in STEP Journal+
Apr 22, 2021
Henry Hood comments on Tatiana Akhmedova winning a High Court lawsuit against son in £450m divorce battle in WealthBriefing
Apr 14, 2021
Jo Carr-West discusses a new approach to domestic abuse in the Family Court

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)