RK v RK [2011] EWHC 3910 (Fam) (21 November 2011)

RK v RK [2011] EWHC 3910 (Fam) (21 November 2011)

The court found that the only significant resources available to meet the wife's needs were those which the trustees were likely to provide, and that the trustees' final offer of £400,000 for housing and related costs represented the extent of provision likely to be made. The court accepted the trustees' evidence as reasonable and concluded that no further capital would be made available. The court assessed the wife's needs and made orders accordingly, including a pension share and maintenance, but declined to order payment of the wife's debts or legal costs beyond what the trustees had offered.

Citation
[2011] EWHC 3910 (Fam)
Parties
Applicant Wife: RK; Respondent Husband: RK
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Ancillary Relief Application (financial Remedy) / Final Judgment After Contested Hearing
Outcome
Ancillary relief granted within the limits of the trustees' offer and the husband's resources.
Legal Topics
Ancillary Relief, Discretionary Trusts, Financial Provision on Divorce, Section 25 Matrimonial Causes Act 1973, Trust Assets as Resources
Family Law Ancillary Relief Discretionary Trusts Financial Provision on Divorce Section 25 Matrimonial Causes Act 1973 Trust Assets as Resources

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 7 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

RK

Applicant Wife

RK

Respondent Husband

Procedural Posture

Ancillary Relief Application (financial Remedy) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 To what extent are the resources of discretionary trusts, of which the husband, wife, and children are beneficiaries, likely to be made available to meet the wife's financial claims?
  2. 2 What is the appropriate level of financial provision for the wife and children, including housing, maintenance, and debts, given the resources available?

Ratio Decidendi

The court found that the only significant resources available to meet the wife's needs were those which the trustees were likely to provide, and that the trustees' final offer of £400,000 for housing and related costs represented the extent of provision likely to be made. The court accepted the trustees' evidence as reasonable and concluded that no further capital would be made available. The court assessed the wife's needs and made orders accordingly, including a pension share and maintenance, but declined to order payment of the wife's debts or legal costs beyond what the trustees had offered.

Court Disposition

Ancillary relief granted within the limits of the trustees' offer and the husband's resources.

Orders

  • The trustees to provide £400,000 for the purchase of a property for the wife and children on a life interest trust, including £10,000 for a car and £15,000 for furniture and moving costs.
  • Equal sharing of the husband's company pension fund between the parties.