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Divorce ruling: Alison Sharland and Varsha Gohil win appeal Divorce ruling: Alison Sharland and Varsha Gohil win appeal
(about 1 hour later)
Two women who say they were misled by their ex-husbands and should get more money in their divorce settlements have won their Supreme Court fight.Two women who say they were misled by their ex-husbands and should get more money in their divorce settlements have won their Supreme Court fight.
Alison Sharland and Varsha Gohil say the men hid the true extent of their wealth when the deals were made. Alison Sharland, who accepted £10m in her divorce, and Varsha Gohil, who got £270,000, say the men hid the extent of their wealth when the deals were made.
The court indicated that both claims would return to the High Court.The court indicated that both claims would return to the High Court.
After the ruling, Ms Sharland said she was "relieved" and Ms Gohil said she owed "a huge debt of gratitude" to her legal team. After the ruling, Ms Sharland said she was "relieved" and Ms Gohil said there were "no winners in divorce".
The ruling could pave the way for many more people to seek to renegotiate their divorce settlements.The ruling could pave the way for many more people to seek to renegotiate their divorce settlements.
BBC legal correspondent Clive Coleman said it was an "incredibly significant ruling" that meant a division of the parties' financial assets had to be based on a "valid agreement".BBC legal correspondent Clive Coleman said it was an "incredibly significant ruling" that meant a division of the parties' financial assets had to be based on a "valid agreement".
"If one of the parties is dishonest, if they are misleading about what their assets are, then this is a very clear signal that the other party can go back to court, can have the agreement set aside and can have the whole thing considered again," he said."If one of the parties is dishonest, if they are misleading about what their assets are, then this is a very clear signal that the other party can go back to court, can have the agreement set aside and can have the whole thing considered again," he said.
Ms Sharland, from Wilmslow in Cheshire, accepted £10m in her 2010 divorce from her husband Charles, a software entrepreneur, believing this represented half of his wealth. Ms Sharland, from Wilmslow in Cheshire, believed the £10m settlement she accepted in her 2010 divorce from her husband Charles, a software entrepreneur, represented half of his wealth.
Under the settlement, she would also receive 30% of the proceeds of shares held by her husband in his company, when he sold them. Under the settlement, the 48-year-old would also receive 30% of the proceeds of shares held by her husband in his company when he sold them.
It later transpired he had lied about his company's value - which the financial press estimated to be worth about £600m - as well as plans to float it on the stock market.It later transpired he had lied about his company's value - which the financial press estimated to be worth about £600m - as well as plans to float it on the stock market.
Ms Gohil, from north London, accepted £270,000 and a car as a settlement when she divorced her husband Bhadresh in 2002. Ms Gohil, 50, from north London, accepted a car as well as £270,000 as a settlement when she divorced her husband Bhadresh in 2002.
In 2010, Mr Gohil was convicted of money laundering and jailed for 10 years.In 2010, Mr Gohil was convicted of money laundering and jailed for 10 years.
At his criminal trial, evidence revealed he had failed to disclose his true wealth during divorce proceedings.At his criminal trial, evidence revealed he had failed to disclose his true wealth during divorce proceedings.
'Matter of principle''Matter of principle'
"I hope that their decision sends out a message to everyone going through a divorce," Ms Sharland said."I hope that their decision sends out a message to everyone going through a divorce," Ms Sharland said.
"My legal battle has never been about the money, it has always been a matter of principle."My legal battle has never been about the money, it has always been a matter of principle.
"I entered into an agreement with my estranged husband thinking that it was a fair one.""I entered into an agreement with my estranged husband thinking that it was a fair one."
She said she wanted to move on "safe in the knowledge that my future divorce settlement will be based on the true value of our assets".She said she wanted to move on "safe in the knowledge that my future divorce settlement will be based on the true value of our assets".
Giving the judgement of the court, Lady Hale said Ms Sharland had been "deprived of a full and fair hearing" because of "her husband's fraud".Giving the judgement of the court, Lady Hale said Ms Sharland had been "deprived of a full and fair hearing" because of "her husband's fraud".
Ms Gohil said: "There are absolutely no winners in divorce and more than a thought has to be given to the children of families locked in this type of litigation."Ms Gohil said: "There are absolutely no winners in divorce and more than a thought has to be given to the children of families locked in this type of litigation."
James Brown, a partner with JMW Solicitors, which is acting on Mr Sharland's behalf, said his client was "bitterly disappointed that his family will continue to be locked in litigation for the foreseeable future".James Brown, a partner with JMW Solicitors, which is acting on Mr Sharland's behalf, said his client was "bitterly disappointed that his family will continue to be locked in litigation for the foreseeable future".
"Family law is complicated and entirely discretionary and there could be a danger that this change may open the floodgates to thousands of couples revisiting the agreements they reached," he said."Family law is complicated and entirely discretionary and there could be a danger that this change may open the floodgates to thousands of couples revisiting the agreements they reached," he said.
"Mr Sharland's primary objectives have always remained the same - to arrive at a fair settlement with Mrs Sharland and to make generous provision for his children.""Mr Sharland's primary objectives have always remained the same - to arrive at a fair settlement with Mrs Sharland and to make generous provision for his children."
Are you divorced? Does this ruling make you want to re-analyse your claim? Or are you satisfied with your settlement? You can email haveyoursay@bbc.co.uk.Are you divorced? Does this ruling make you want to re-analyse your claim? Or are you satisfied with your settlement? You can email haveyoursay@bbc.co.uk.
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