Thursday, 26 January 2017

Former banker ordered to hand over foreign pension income to ex-wife in landmark divorce ruling-Patrick Foster


A judge ordered the ex-husband of Ankita Goyal to hand over income from a pension he had transferred to India
A judge ordered the ex-husband of Ankita Goyal to hand over income from a pension he had transferred to India Credit: Charlie Forgham-Bailey
A former banker who blew his fortune on spread-betting was yesterday ordered to hand over income from a foreign pension to his ex-wife, in what lawyers said was a landmark ruling stopping divorcing spouses concealing assets offshore.
Amit Goyal, who once earned £385,000 a year as a senior investment banker, was told to hand over two-thirds of his pension income to his ex-wife, Ankita, after transferring the funds to an Indian pension provider in a bid to hide his assets.
Legal experts said that the case was a landmark judgment that would stop warring spouses from attempting to shelter their wealth from the British courts.
Amit Goyal, a former banker, was found to have lied about his assets
Amit Goyal, a former banker, was found to have lied about his assets Credit: Champion News Service
Sarosh Zaiwalla, a solicitor who acted for Mrs Goyal on a pro-bono basis, said: “This judgment will come as a welcome relief to parties who find that, in anticipation of matrimonial proceedings, their spouse's pension has been transferred overseas.”
Mr Goyal, who had worked for firms including Barclays and Deutsche Bank, wed his wife in an arranged marriage in 2004. They separated in 2011 and have a nine-year-old daughter.
The former banker initially tried to claim that he had not been validly married, as an imposter had taken his place at their wedding, although this was dismissed by a judge in 2013.
Amit and Ankita Goyal married in 2004
Amit and Ankita Goyal married in 2004
It later emerged that Mr Goyal had gambled away his wealth on spread-betting, was more than £650,000 in debt, and had transferred three British pensions to India.
A court ordered him to hand over his last assets, £19,000 of shares, to his ex-wife, but he instead gave them to a cousin in what he said was payment for an existing debt.
In a Family Court ruling handed down yesterday, Mr Justice Mostyn dismissed Mr Goyal’s claims that he had handed his pension to a Mr Deshmukh, to whom he owed money.
The ruling was handed down in the Family Court
The ruling was handed down in the Family Court
The judge said that although an email account in the name of Mr Deshmukh had corresponded with the pension provider “there is no evidence that [the firm] do not believe that this is other than an email account operated by the husband”.
He ordered Mr Goyal to hand over £4,000 of his annual pension income to his wife, which he said was “a very small sum objectively, but it will be a meaningful sum for her as she attempts to rebuild her life and to support their child”.
Mrs Goyal said she was yet to received a penny from her ex-husband, in the five years since divorce proceedings began.
She said: “To be honest if I had not had the support of my family and friends I don’t think I would have survived.”
Culled from Telegraph

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