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United Kingdom
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The millionaire's defence meaning

Published by a LexisNexis Family expert
What does The millionaire's defence mean?
In family financial proceedings, the millionaire’s defence describes a stance by a very wealthy spouse or civil partner that they will meet whatever financial order the court makes, so detailed disclosure and valuation are unnecessary. It is a descriptive, non‑statutory expression from case law and practice, now largely discredited. Across England & Wales and Northern Ireland, courts require full and frank disclosure (for example via Form E) to assess needs, sharing and fairness in financial remedy/ancillary relief claims. The contention rarely succeeds; at most, courts may allow proportionate, abbreviated disclosure where resources plainly exceed any conceivable award, but core information must still be provided. In Scotland, financial provision is governed by the Family Law (Scotland) Act 1985 and focuses on matrimonial property. High wealth does not displace the duty to disclose relevant assets and liabilities, so the “defence” has little practical effect. In Ireland, on divorce or judicial separation the court must ensure proper provision and requires an affidavit of means; an offer to meet any order does not obviate disclosure. Practically, attempting this defence risks adverse inferences, costs consequences and robust case management orders in high‑net‑worth divorce and dissolution, spousal maintenance, lump sum and property adjustment claims.
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