FRB v DCA (No.2) [2020] EWHC 754

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We acted on behalf of the applicant husband in this case which provides guidance on how deceit of paternity may amount to misconduct to be considering by the family court when making a financial award.

Background

The judgment of FRB v DCA (No.2) was one of many over a period of litigation between two parties following the end of their relationship.

The couple were both from wealthy, billionaire families and had been married for 14 years. After the relationship had broken down, the husband sought a paternity test for their son, which revealed that he was not the biological father.

The Issue of Paternity & Misconduct

When determining a financial settlement, the conduct of the parties is one factor which is considered by the court, provided that the conduct “is such that it would be in the opinion of the court to be inequitable to disregard it”. Such conduct may be financial or non-financial. However, the family court is not ‘a court of morals’ and claims of bad behaviour or adultery will generally be insufficient as relevant conduct to affect the financial award.

However, Vardags successfully argued that the wife’s behaviour regarding the child’s paternity did indeed meet the threshold of being “inequitable to disregard”, as she had induced the husband to financially and emotionally commit to the child, knowing that she had been having an affair with another man. The judge in particular highlighted the emotional impact on the husband after discovering that he was not the child’s biological father.

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Reviews

Truly an awe inspiring legal team. Excellent communicators, advisors and creative thinkers. Brilliant strategists, negotiating skills second to none. Strong team ethos working diligently to obtain the best outcome for their clients. Need I say more! Make the call!
Michelle
The break down of my marriage and the process of divorce for me has been one of the most difficult experiences that I have ever had to face.
Sarah

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