Background

The case of Wei-Lyn Loh v Ardal Loh-Gronager [2025] EWFC 483 concerned financial remedy proceedings where the parties had executed a pre-nuptial agreement before their marriage. The agreement provided for the parties to keep their separate property and their respective shares of joint property, with a cap on the husband's potential receipt set at £6.4m

A central issue in the litigation was whether substantial sums the husband removed from joint bank accounts during the marriage should be treated as his separate property or as part of his entitlement under the pre-nuptial agreement.

As part of his case, the husband put forward a series of emails which he said showed that his ex-wife had been aware of him removing these funds and therefore they should be treated as his separate property. The wife said that these documents were not genuine and had been created by the husband for the divorce proceedings.

Each party instructed an expert witness in relation to the legitimacy of the emails.

Doctored Emails?

Rather than providing the original email chains, the husband provided PDF copies of the emails. Upon inspection, the metadata of the PDFs showed that the documents were created by the husband and then modified by him several minutes later.

Both experts agreed that this did not necessarily mean that the original text of the email was altered, but it was equally not inconsistent with the document having been modified by the husband.

The husband could not satisfactorily explain why he had not produced the original emails and was unable to identify the device on which the PDFs were produced, adding further suspicion to the veracity of the emails.

In respect of one document in particular, the husband accepted that it was the product of two original documents having been combined. If this document were genuine, it would have provided the most powerful support imaginable for the husband’s case.

The Judge made the following observations: -

• This was the only document of nearly 1400 documents that referred to an arrangement for the husband to receive £2m.
• The email was the last of a chain that did not naturally follow.
• The husband asserted that the originals of this document and the other emails had been deleted by him upon the advice of his psychotherapist. The psychotherapist confirmed his notes from the time he treated the husband made no mention of this advice.

Decision

The court found that on the balance of probabilities the husband had created and doctored the disputed emails. “He has sought to undermine the integrity of the entire court process by his attempt to create false evidence in the shape of the three emails, two erroneously altered to appear as if they had been blind copied to the wife, and the third entirely concocted,” said the judge.

For this reason and considering the husband’s conduct, generally the court reduced the husband’s entitlement under the pre-nuptial agreement. The judge also noted a real prospect of a substantial order for costs on an indemnity basis being made against the husband

Why this case matters

This decision is significant for several reasons: -

1. Conduct is rarely taken into account in financial remedy proceedings, but the court has given a clear message that a deliberate attempt to mislead the court and to fabricate evidence will not be tolerated.
2. The consequences of such conduct will extend as far as adjusting entitlement under an otherwise valid pre-nuptial agreement. A valid pre-nuptial agreement will not excuse conduct or override the fairness or integrity of financial remedy proceedings.
3. The court is alive to advances in technology and will use its case management powers to consider and investigate the misuse of AI, the use of deepfakes, and the doctoring of evidence. Any dishonesty in proceedings will be met with severe consequences.

Financial remedy proceedings can be emotionally draining and difficult to navigate. If you need help preparing, examining, or interrogating financial disclosure, our team of family law specialists can provide the practical and strategic guidance you need.