Mrs R v Mr R [2011] EWHC 3093 (Fam) (05 April 2011)

Mrs R v Mr R [2011] EWHC 3093 (Fam) (05 April 2011)

The division of assets in this short marriage must reflect both the needs of the parties (especially the wife and children) and the origins of the assets, with pre-acquired wealth largely excluded from sharing. The wife is awarded most of the available assets to meet her housing and immediate needs, a lump sum to cover litigation costs, periodical payments for herself and the children, and a fixed sum from the deferred fund (with interest) to be paid upon realisation, at which point a clean break will be effected. No add-back for the wife's litigation costs is justified given the conduct of the litigation and disclosure issues.

Citation
[2011] EWHC 3093 (Fam)
Parties
Applicant/claimant: Mrs R; Respondent/defendant: Mr R
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment
Outcome
Ancillary relief granted with division of assets, lump sum, periodical payments, and provision for clean break upon payment of deferred sum.
Legal Topics
Ancillary Relief, Financial Remedies, Division of Assets, Periodical Payments, Clean Break, Pre Acquired Assets, Needs Principle, Sharing Principle
Family Law Ancillary Relief Financial Remedies Division of Assets Periodical Payments Clean Break Pre Acquired Assets Needs Principle +1 more

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Parties

Mrs R

Applicant/claimant

Mr R

Respondent/defendant

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment

Legal Issues

  1. 1 Proper approach to division of assets in a short marriage with pre-acquired wealth
  2. 2 Extent of wife's entitlement to deferred assets (property development interests)
  3. 3 Appropriate level and duration of periodical payments for wife and children

Ratio Decidendi

The division of assets in this short marriage must reflect both the needs of the parties (especially the wife and children) and the origins of the assets, with pre-acquired wealth largely excluded from sharing. The wife is awarded most of the available assets to meet her housing and immediate needs, a lump sum to cover litigation costs, periodical payments for herself and the children, and a fixed sum from the deferred fund (with interest) to be paid upon realisation, at which point a clean break will be effected. No add-back for the wife's litigation costs is justified given the conduct of the litigation and disclosure issues.

Court Disposition

Ancillary relief granted with division of assets, lump sum, periodical payments, and provision for clean break upon payment of deferred sum.

Orders

  • Wife to retain equity in the Barn, The Lodge, and L Way.
  • Wife awarded lump sum of £450,000 to cover litigation costs.