Deed of Separation set aside as sham and family home awarded to wife in divorce proceedings

The High Court set aside the terms of a Deed of Separation entered into between the parties, finding it was not a bona fide agreement but a sham orchestrated by the husband to minimise provision for his wife and preserve family assets for himself. The court concluded that the husband had deliberately misled his wife about the purpose of the agreement, failed to make full and honest disclosure of his assets, and had concealed his true financial situation. As a result, the court ordered the transfer of the family home (free of encumbrances) to the wife, directed a significant lump sum payment from the husband to the wife, declared the maintenance covenants unenforceable, gave the wife the right to seek spousal maintenance in future, and extinguished succession rights on a conditional basis; the court also awarded the majority of legal costs to the wife. The judgment highlighted the importance of full financial disclosure and the court's duty to ensure proper provision is made for spouses on divorce, irrespective of the contents of a separation agreement.