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Court refuses to recognize fraudulent Spanish divorce and awards over $5.9M in lump sum spousal support.
In an uncontested family law trial, the applicant sought a divorce, equalization, child support, and spousal support against a respondent who was a fugitive wanted by the FBI for fraud.
The respondent had failed to attorn to Ontario's jurisdiction, breached a Mareva injunction, and fraudulently obtained a divorce in Spain to access frozen assets.
The court refused to recognize the Spanish divorce, granted an immediate Ontario divorce, and imputed the respondent's income at $1,360,000 CAD based on his lavish lifestyle and hidden assets.
The court ordered an equalization payment, retroactive and ongoing child support, and a lump sum spousal support award of over $5.9 million due to the high risk of non-payment, while continuing the worldwide Mareva injunction.
The court granted the applicant's motion for financial disclosure and awarded full indemnity costs due to the respondent's unreasonable delay.
The applicant brought a motion for financial disclosure, which was required by a jointly retained business valuator for a business valuation.
The respondent had failed to provide the requested disclosure for 16 months, offering unconvincing excuses such as lost documents or availability at the matrimonial home.
The court found the disclosure relevant, proportionate, and necessary, emphasizing that full financial disclosure is the "lynchpin" of family litigation.
The respondent's last-minute cross-motion was declined.
The applicant's motion was granted, and the respondent was ordered to pay full indemnity costs due to the unnecessary delay and expense caused by the non-disclosure.
