GW v RW [2003] EWHC 611 (Fam) (18 March 2003)

GW v RW [2003] EWHC 611 (Fam) (18 March 2003)

A 10% departure from equality is justified due to the marriage's duration, the husband's pre-marital assets and earning capacity, and the period of estrangement. The wife is awarded 40% of both realisable and deferred assets, with a Wells sharing arrangement for deferred assets. Child maintenance is set at A$40,000 per child per annum, indexed, with the husband to pay all educational and contact travel costs. The husband's defaults in disclosure do not affect the substantive award but are relevant to costs.

Citation
[2003] EWHC 611 (Fam)
Parties
Petitioner (wife): GW; Respondent (husband): RW
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment
Outcome
Ancillary relief granted; assets divided 60:40 in favour of the husband; child maintenance and costs orders made.
Legal Topics
Ancillary Relief, Asset Division, Disclosure Obligations, Child Maintenance, Costs Orders
Family Law Ancillary Relief Asset Division Disclosure Obligations Child Maintenance Costs Orders

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Parties

GW

Petitioner (wife)

RW

Respondent (husband)

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment

Legal Issues

  1. 1 How should assets be divided following a marriage of 12¼ years with significant pre-marital assets and a period of estrangement?
  2. 2 What is the effect of non-disclosure and presentation of financial information on the outcome?
  3. 3 How should deferred and illiquid assets be treated in the division?

Ratio Decidendi

A 10% departure from equality is justified due to the marriage's duration, the husband's pre-marital assets and earning capacity, and the period of estrangement. The wife is awarded 40% of both realisable and deferred assets, with a Wells sharing arrangement for deferred assets. Child maintenance is set at A$40,000 per child per annum, indexed, with the husband to pay all educational and contact travel costs. The husband's defaults in disclosure do not affect the substantive award but are relevant to costs.

Court Disposition

Ancillary relief granted; assets divided 60:40 in favour of the husband; child maintenance and costs orders made.

Orders

  • Wife awarded 40% of realisable and deferred assets, with Wells sharing for deferred assets.
  • Husband to pay child maintenance of A$40,000 per child per annum, indexed, plus all educational and contact travel costs.