CR v CR

CR v CR

The wife is entitled to a 50% share of the marital assets as at the date of hearing, with no discount for post-separation accruals, and an additional lump sum of £1 million to reflect the significant imbalance in future income, but no further compensation for speculative lost career prospects or future increases in the husband's share value. The division achieves fairness by recognising the wife's contributions and the husband's ongoing earning capacity, while promoting a clean break.

Parties
Applicant Wife: CR; Respondent Husband: CR
Jurisdiction
England and Wales
Judgment Date
19 June 2007
Procedural Posture
Ancillary Relief (financial Remedy) Proceedings Following Divorce / Final Judgment
Outcome
Ancillary relief granted: equal division of assets with additional lump sum to wife
Legal Topics
Ancillary Relief, Financial Provision, Asset Division, Post Separation Accruals, Compensation for Lost Earning Capacity, Clean Break, Standard of Living, Future Income Imbalance
Family Law Ancillary Relief Financial Provision Asset Division Post Separation Accruals Compensation for Lost Earning Capacity Clean Break Standard of Living +1 more

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Parties

CR

Applicant Wife

CR

Respondent Husband

Procedural Posture

Ancillary Relief (financial Remedy) Proceedings Following Divorce / Final Judgment

Legal Issues

  1. 1 Whether the wife should receive 50% of the marital assets or a lesser proportion due to post-separation accruals
  2. 2 Whether the wife should be compensated for inability to share in the husband's future financial rewards from shares in the group
  3. 3 Whether the wife should be compensated for lost career prospects and/or inability to share in the husband's future earning capacity

Ratio Decidendi

The wife is entitled to a 50% share of the marital assets as at the date of hearing, with no discount for post-separation accruals, and an additional lump sum of £1 million to reflect the significant imbalance in future income, but no further compensation for speculative lost career prospects or future increases in the husband's share value. The division achieves fairness by recognising the wife's contributions and the husband's ongoing earning capacity, while promoting a clean break.

Court Disposition

Ancillary relief granted: equal division of assets with additional lump sum to wife

Orders

  • The wife to receive assets to achieve a 50/50 division of the marital assets as at the date of hearing, including retention of the matrimonial home.
  • The husband to pay the wife an additional lump sum of £1 million, payable by instalments over three years (provisionally £333,333 per annum), with liberty to apply as to timing and method of payment.