Sawden v Sawden

Sawden v Sawden

The appeal was allowed to the limited extent that (1) any surplus realised by Mrs Sawden trading down the matrimonial home must be shared 45% to Mr Sawden and 55% to Mrs Sawden, and (2) the charge in favour of Mr Sawden is to be realised when both children leave home and settle independently, unless Mrs Sawden can buy out Mr Sawden's share.

Parties
Appellant/claimant: Mrs Sawden; Respondent/defendant: Mr Sawden
Jurisdiction
England and Wales
Judgment Date
25 February 2004
Procedural Posture
Civil Appeal (ancillary Relief, Family Law) / Second Appeal to Court of Appeal From County Court
Outcome
Appeal allowed in part
Legal Topics
Ancillary Relief, Matrimonial Property, Equitable Distribution, Appeals Procedure
Family Law Ancillary Relief Matrimonial Property Equitable Distribution Appeals Procedure

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Parties

Mrs Sawden

Appellant/claimant

Mr Sawden

Respondent/defendant

Procedural Posture

Civil Appeal (ancillary Relief, Family Law) / Second Appeal to Court of Appeal From County Court

Legal Issues

  1. 1 Whether the roll-over provision for the matrimonial home operates fairly to both parties
  2. 2 Whether the order should provide for realisation of the husband's share when the children leave home

Ratio Decidendi

The appeal was allowed to the limited extent that (1) any surplus realised by Mrs Sawden trading down the matrimonial home must be shared 45% to Mr Sawden and 55% to Mrs Sawden, and (2) the charge in favour of Mr Sawden is to be realised when both children leave home and settle independently, unless Mrs Sawden can buy out Mr Sawden's share.

Court Disposition

Appeal allowed in part

Orders

  • Any surplus realised by Mrs Sawden trading down the matrimonial home to be split 55% to Mrs Sawden and 45% to Mr Sawden.
  • The charge in favour of Mr Sawden to be realised when both children leave home and settle independently, unless Mrs Sawden can buy out Mr Sawden's share.