K v L [2011] EWCA Civ 550 (13 May 2011)

K v L [2011] EWCA Civ 550 (13 May 2011)

Where all assets are non-matrimonial and derived from one party's inheritance, the sharing principle does not require an award exceeding the applicant's needs. The judge was correct to limit the award to a generous assessment of the husband's needs, with no error in principle or appealable disproportionality.

Citation
[2011] EWCA Civ 550
Parties
Appellant (husband): K; Respondent (wife): L
Jurisdiction
England and Wales
Judgment Date
13 May 2011
Procedural Posture
Ancillary Relief Appeal (financial Remedy) / Appeal From High Court, Family Division
Outcome
Appeal dismissed
Legal Topics
Ancillary Relief, Non Matrimonial Property, Sharing Principle, Needs Principle, Financial Provision
Family Law Ancillary Relief Non Matrimonial Property Sharing Principle Needs Principle Financial Provision

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Parties

K

Appellant (husband)

L

Respondent (wife)

Procedural Posture

Ancillary Relief Appeal (financial Remedy) / Appeal From High Court, Family Division

Legal Issues

  1. 1 Whether the sharing principle applies to non-matrimonial property in ancillary relief following divorce
  2. 2 Whether the award to the husband should exceed his needs and reflect a share of the wife's inherited assets

Ratio Decidendi

Where all assets are non-matrimonial and derived from one party's inheritance, the sharing principle does not require an award exceeding the applicant's needs. The judge was correct to limit the award to a generous assessment of the husband's needs, with no error in principle or appealable disproportionality.

Court Disposition

Appeal dismissed

Orders

  • The order for the wife to pay the husband a lump sum of £5m on a clean break basis stands.
  • Reporting restrictions imposed to protect the identity of the parties and children.