FZ v SZ (Rev 1)

FZ v SZ (Rev 1)

Both parties engaged in equally bad conduct, so no financial adjustment is made for conduct; Zendan assets and liabilities are too uncertain to value and are excluded from sharing; non-Zendan matrimonial assets are equally shared, with W awarded £7,982,600 on a clean break basis.

Parties
Applicant/wife: FZ; First Respondent/husband: SZ; Second Respondent: The Trustees/Managers of the CPL Pension PLAN; Intervener: SZA
Jurisdiction
England and Wales
Judgment Date
05 July 2010
Procedural Posture
Divorce/ancillary Relief / Final Judgment
Outcome
Ancillary relief granted; assets distributed; conduct findings made but no financial adjustment; clean break ordered.
Legal Topics
Ancillary Relief, Conduct, Asset Valuation, Post Nuptial Settlement, Child Maintenance
Family Law Ancillary Relief Conduct Asset Valuation Post Nuptial Settlement Child Maintenance

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Parties

FZ

Applicant/wife

SZ

First Respondent/husband

The Trustees/Managers of the CPL Pension PLAN

Second Respondent

SZA

Intervener

Procedural Posture

Divorce/ancillary Relief / Final Judgment

Legal Issues

  1. 1 Whether conduct of parties amounts to conduct under s25(2)(g) Matrimonial Causes Act 1973
  2. 2 Valuation and distribution of matrimonial and non-matrimonial assets
  3. 3 Treatment of Zendan assets and liabilities

Ratio Decidendi

Both parties engaged in equally bad conduct, so no financial adjustment is made for conduct; Zendan assets and liabilities are too uncertain to value and are excluded from sharing; non-Zendan matrimonial assets are equally shared, with W awarded £7,982,600 on a clean break basis.

Court Disposition

Ancillary relief granted; assets distributed; conduct findings made but no financial adjustment; clean break ordered.

Orders

  • W awarded £7,982,600 (including transfer of WH subject to mortgage and lump sum of £6,015,115)
  • Child maintenance set at £18,000 per annum per child plus school fees