A Family Court judge has adjourned contentious divorce proceedings between a husband and wife, describing the case as “crying out for mediation” to resolve their ongoing financial dispute.

Case Background

The dispute centres on private equity fund assets, which form part of the financial settlement between the husband (H) and wife (W). The conflict arose due to incorrect information provided by H during the initial 2021 proceedings, which resulted in a miscalculation of W’s entitlement.

H maintained that the error was unintentional and the result of bad advice. In contrast, W accused him of knowingly misrepresenting the fund’s closure date and withholding key documentation needed to evaluate its activities.

After the fund closed, H paid W an amount he calculated to be her share. However, W contested the calculation, arguing that her interest should have been rolled into a continuation fund rather than cashed out.

Court’s Decision

Sir Jonathan Cohen acknowledged the complexities of the case, particularly the emotional and financial strain caused by W’s delay in filing her set-aside application. Despite these delays, the judge noted the merit in W’s claim, as it was undisputed that the original judgment relied on false information.

Striking a balance, the judge refused H’s request to strike out W’s claim, citing the importance of fairness and transparency.

“This case cries out for mediation,” Sir Jonathan said, emphasising that mediation could address the complex valuation of the fund and help the parties avoid further costly litigation.

The Role of Mediation

Mediation is a valuable tool in family law, often leading to amicable resolutions outside of court. By promoting open dialogue, it can save time, reduce costs, and minimise conflict. The judge expressed hope that mediation would offer a constructive path forward, relieving the tension evident between the parties during the proceedings.

The case has been adjourned to provide an opportunity for mediation to take place.