James Maguire & Co (now Maguire Family Law) acted on behalf of Mrs Smruti Bhura, who was successful in her family law application before the High Court on the 17th December 2012.
The parties were married in 1989 and are British citizens of Hindu Indian origin. In September 2009 they moved to Georgia USA and opened a jewellery shop. Following the service of divorce proceedings upon the husband, he left the following day and travelled to the UK. He then embarked on a lengthy tour abroad travelling to Tanzania, Kenya, Mumbai and Dubai before arriving back in to the United Kingdom. In the meantime proceedings in Georgia USA were advancing.
The US Judge made an award of $2M as a lump sum alimony/maintenance. The husband made no attempt to comply with the US divorce order to make any maintenance payments.
We acted on behalf of the wife who sought to enforce this US divorce judgment against the husband before the High Court in England & Wales. The High Court concluded that following the findings made by the US Judge the husband had a case to answer. After cross examination- of the husband, the High Court found that the husband had at all times the means to pay the award and had refused to do so. The Court felt that the default in this case by the husband was extremely high and where the position had been seriously aggravated by the completely false evidence that had been given. The High Court sentenced the husband to serve a maximum period oin prison following the Judgment Summons that is allowed, namely six weeks. This was suspended for a period of three months to allow the husband an opportunity to pay the maintenance award. The High Court also made a Charging Order in respect of the husband’s interest in property in London and ordered him to pay the costs.
To see a copy of this reported case please click here: Bhura v Bhura
Maguire Family Law is a specialist firm of Family Law solicitors based in Wilmslow, Cheshire. We offer legal advice to parties going through a divorce including the financial issues which flow from this and children matters including child maintenance. We can also advise on Schedule 1 Children Act 1989 applications.
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