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Millionaire's defence meaning

Published by a LexisNexis Family expert
What does Millionaire's defence mean?
A colloquial label in family financial proceedings for the stance that a very wealthy party need not give full and frank disclosure because they can satisfy any reasonable financial order. It is not defined in statute and, in case law in England and Wales, has been repeatedly deprecated: the court requires comprehensive disclosure to assess needs, sharing, compensation, liquidity, tax, risk, and the provenance of assets (including non‑matrimonial property). The same approach is broadly consistent in Scotland, Northern Ireland and Ireland, where court rules and practice demand detailed financial disclosure. Key features and usage: - Typically asserted by high‑net‑worth respondents in financial remedy/ancillary relief, Schedule 1, or maintenance claims to avoid intrusive valuation and tracing. - Generally rejected: the court will order disclosure (for example via Form E or affidavits), and refusal risks adverse inferences, robust awards, costs sanctions, and, if orders are later impugned, set‑aside for material non‑disclosure. - Limited scope: in rare cases where resources are obviously ample and uncontested, the court may streamline valuation, but disclosure sufficient to determine fairness remains necessary. Practical significance: Do not rely on the “millionaire’s defence”. Early, thorough disclosure remains the safest route to a fair outcome across England & Wales, Scotland, Northern Ireland and Ireland.
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