S v S

The wife is awarded all current tangible assets (LM House free of mortgage, lump sum, equalised pension share) and maintenance, but no proportional share in future realisation of the husband's illiquid business shares, as post-separation growth is attributable to his unmatched personal industry and risk; this achieves fairness and a clean break when feasible.

Parties: Petitioner Husband: Mr S; Respondent Wife: Mrs S
Jurisdiction: England and Wales
Judgment Date: 22 September 2006
Procedural Posture: Ancillary Relief Application (financial Provision on Divorce) / Final Judgment
Outcome: Ancillary relief granted with clean break on deferred basis; wife awarded all tangible assets, lump sum, pension share, maintenance; no share in future T Ltd realisation.
Legal Topics: Ancillary Relief, Division of Matrimonial Assets, Pension Sharing, Maintenance, Valuation of Illiquid Assets, Post Separation Accrual

Family Law Ancillary Relief Division of Matrimonial Assets Pension Sharing Maintenance Valuation of Illiquid Assets Post Separation Accrual

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 17

Parties

Mr S

Petitioner Husband

Mrs S

Respondent Wife

Procedural Posture

Ancillary Relief Application (financial Provision on Divorce) / Final Judgment

Legal Issues

1 Appropriate division of matrimonial and non-matrimonial assets
2 Valuation and treatment of illiquid business shares
3 Entitlement to post-separation accruals

Ratio Decidendi

Court Disposition

Ancillary relief granted with clean break on deferred basis; wife awarded all tangible assets, lump sum, pension share, maintenance; no share in future T Ltd realisation.

Orders

Husband to pay wife £1.1M lump sum (initial £200,000, balance £900,000)
Husband to discharge LM House mortgage