Charman v Charman [2006] EWHC 1879 (Fam) (27 July 2006)

Charman v Charman [2006] EWHC 1879 (Fam) (27 July 2006)

The assets held in the Dragon Holdings Trust are a resource available to the husband and must be included in the matrimonial assets for division. The husband's claim of a dynastic trust intention is unsupported by evidence and documentation. The husband's special contribution does not justify a significant departure from equality, and the wife's conduct does not meet the threshold for consideration under s.25(2)(g). The appropriate division is 45% to the wife and 55% to the husband, reflecting the husband's special contribution but not excluding trust assets.

Citation
[2006] EWHC 1879 (Fam)
Parties
Petitioner/wife: Beverley Anne Charman; Respondent/husband: John Robert Charman
Jurisdiction
England and Wales
Judgment Date
27 July 2006
Procedural Posture
Financial Remedy Proceedings (ancillary Relief) Following Divorce / Final Judgment at First Instance
Outcome
Application granted in part; wife awarded 45% of total assets including Dragon Holdings Trust.
Legal Topics
Ancillary Relief, Financial Provision, Division of Matrimonial Assets, Trust Assets in Divorce, Special Contribution, Conduct in Financial Remedy Proceedings
Family Law Ancillary Relief Financial Provision Division of Matrimonial Assets Trust Assets in Divorce Special Contribution Conduct in Financial Remedy Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Beverley Anne Charman

Petitioner/wife

John Robert Charman

Respondent/husband

Procedural Posture

Financial Remedy Proceedings (ancillary Relief) Following Divorce / Final Judgment at First Instance

Legal Issues

  1. 1 Whether assets held in the Dragon Holdings Trust should be included as matrimonial assets for division
  2. 2 Whether the husband's 'special/stellar contribution' justifies departure from equality
  3. 3 Whether the wife's alleged lack of support and refusal to move to Bermuda amount to conduct affecting the award

Ratio Decidendi

The assets held in the Dragon Holdings Trust are a resource available to the husband and must be included in the matrimonial assets for division. The husband's claim of a dynastic trust intention is unsupported by evidence and documentation. The husband's special contribution does not justify a significant departure from equality, and the wife's conduct does not meet the threshold for consideration under s.25(2)(g). The appropriate division is 45% to the wife and 55% to the husband, reflecting the husband's special contribution but not excluding trust assets.

Court Disposition

Application granted in part; wife awarded 45% of total assets including Dragon Holdings Trust.

Orders

  • Wife to receive capital provision to bring her total assets to £48 million (rounded from £48,000,000), representing 45% of the total matrimonial assets including those in the Dragon Holdings Trust.
  • Mechanism to be provided for the husband to recoup a portion of actual UK tax paid on Axis interests if further liability arises and is paid.