Former
wife of Nigeria’s oil tycoon, Michael Prest, Yasmin, on Wednesday, won a United
Kingdom Supreme Court ruling giving her the right to force offshore companies
owned by her former husband, Michael Prest, to turn over assets as part of a
17.5 million pound ($27.4 million) divorce settlement.
The
court ruled he must give his ex-wife assets held by companies he owns.
In
essence, Michael Prest was ordered to transfer the properties as partial
payment of a 17.5 million pound settlement.
In the case seen as a significant implication for wealthy divorcing couples, the UK Supreme Court ruled that Nigeria-born Michael Prest should surrender seven properties to his English former wife, Yasmin.
In the case seen as a significant implication for wealthy divorcing couples, the UK Supreme Court ruled that Nigeria-born Michael Prest should surrender seven properties to his English former wife, Yasmin.
Alison
Hawes, a specialist family lawyer at law firm Irwin Mitchell, said the ruling
meant “that business people cannot deliberately “hide” their assets in
businesses and corporate structures to protect them in future in the event of a
divorce.”
Reports
had it that the couple, now in their 50s, married in 1993 and lived in Britain
before they divorced in 2011.
He
challenged that decision, and last year the Court of Appeal ruled that the
companies constituted a separate legal entity and couldn’t be included in the
divorce.
But
seven Supreme Court justices ruled the properties were assets to which Michael
Prest was “entitled” and should be included in a divorce settlement.
The
court insisted it wasn’t establishing a general principle allowing courts to
“pierce the corporate veil” and seize assets in divorce cases. But legal
experts said the judgment was still significant.
“The
Supreme Court has handed down a landmark decision in which, for the first time
since at least the end of the 19th century, it has accepted a general exception
to the rule against ‘piercing the corporate veil,’” said Michael Hutchinson, a
partner at law firm Mayer Brown.
“This
is an extraordinary decision and the implications for corporate governance are
potentially huge,” he said.
Yasmin
Prest said the judgment was “more a case of satisfaction and relief than
celebration. None of this would have been necessary if Michael had been
sensible and played fair.”
Michael
Prest wasn’t in court on Wednesday.
Source: Tribune
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