Warner v Warner [2005] EWCA Civ 1788 (20 December 2005)

Warner v Warner [2005] EWCA Civ 1788 (20 December 2005)

The original order was flawed as it gave too much weight to the wife's needs and too little to the husband's, leaving him unable to rehouse himself. A fair division required an 80/20 split of the net proceeds of sale of the two properties in favour of the wife, reflecting both parties' needs and the available assets, with the wife receiving 80% and the husband 20%.

Citation
[2005] EWCA Civ 1788
Parties
Applicant/respondent: Timothy Marc Warner; Respondent/applicant: Claire Susan Warner
Jurisdiction
England and Wales
Judgment Date
20 December 2005
Procedural Posture
Family Law Appeal / Appeal From County Court (financial Remedy Order)
Outcome
Appeal allowed; order varied
Legal Topics
Ancillary Relief, Financial Remedy, Division of Matrimonial Assets, Clean Break, Disclosure Obligations
Family Law Ancillary Relief Financial Remedy Division of Matrimonial Assets Clean Break Disclosure Obligations

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Parties

Timothy Marc Warner

Applicant/respondent

Claire Susan Warner

Respondent/applicant

Procedural Posture

Family Law Appeal / Appeal From County Court (financial Remedy Order)

Legal Issues

  1. 1 Whether the financial remedy order made by the judge was fair and properly balanced the needs of both parties given the available assets and the lack of full disclosure by the husband.
  2. 2 Whether the structure of the order, including the lump sum and division of proceeds, was appropriate.

Ratio Decidendi

The original order was flawed as it gave too much weight to the wife's needs and too little to the husband's, leaving him unable to rehouse himself. A fair division required an 80/20 split of the net proceeds of sale of the two properties in favour of the wife, reflecting both parties' needs and the available assets, with the wife receiving 80% and the husband 20%.

Court Disposition

Appeal allowed; order varied

Orders

  • Permission to appeal granted.
  • Appeal allowed and stay discharged.