Sawden v Sawden [2004] EWCA Civ 339 (25 February 2004)

Sawden v Sawden [2004] EWCA Civ 339 (25 February 2004)

The ancillary relief order was unjust in not providing for Mr Sawden to receive his 45% share of any surplus if Mrs Sawden traded down, and in not providing for realisation of his share when the children left home and settled independently. The appeal was allowed to the limited extent of correcting these injustices, by consent regarding the surplus and by adding a trigger for sale when the children leave home.

Citation
[2004] EWCA Civ 339
Parties
Appellant/claimant: Mr Sawden; Respondent/defendant: Mrs Sawden
Jurisdiction
England and Wales
Judgment Date
25 February 2004
Procedural Posture
Ancillary Relief Appeal (family Law) / Second Appeal to Court of Appeal (permission to Appeal and Substantive Appeal)
Outcome
Appeal allowed to limited extent
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Trigger Events for Realisation of Property Interest, Appeal Procedure
Family Law Ancillary Relief Division of Matrimonial Assets Trigger Events for Realisation of Property Interest Appeal Procedure

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Parties

Mr Sawden

Appellant/claimant

Mrs Sawden

Respondent/defendant

Procedural Posture

Ancillary Relief Appeal (family Law) / Second Appeal to Court of Appeal (permission to Appeal and Substantive Appeal)

Legal Issues

  1. 1 Whether the ancillary relief order regarding the matrimonial home and Standard Life policy was fair and just between the parties
  2. 2 Whether the roll-over provision and lack of provision for realisation of Mr Sawden's share upon the children leaving home created injustice

Ratio Decidendi

The ancillary relief order was unjust in not providing for Mr Sawden to receive his 45% share of any surplus if Mrs Sawden traded down, and in not providing for realisation of his share when the children left home and settled independently. The appeal was allowed to the limited extent of correcting these injustices, by consent regarding the surplus and by adding a trigger for sale when the children leave home.

Court Disposition

Appeal allowed to limited extent

Orders

  • Any surplus realised by Mrs Sawden trading down to be split 55:45 (Mrs Sawden:Mr Sawden)
  • Trigger added: when both children leave home and settle independently, the house must be sold unless Mrs Sawden can buy out Mr Sawden's share