S v H [2020] EWFC B16 (9 January 2020)

S v H [2020] EWFC B16 (9 January 2020)

The prenuptial agreement is given no weight due to lack of disclosure, absence of legal advice, and the fact that enforcement would leave the Husband in real need. The Husband's bankruptcy does not preclude a financial order in his favour. The Husband's needs require provision for a secure home, discharge of bankruptcy and legal debts, and a modest income. The Wife has sufficient resources to meet these needs. A fair outcome is achieved by ordering a lump sum to discharge bankruptcy and legal fees, a pension sharing order (60% of the Aviva pension), and a housing fund for the Husband subject to a trust in favour of the Wife, with the capital to revert to her when the Husband no longer...

Citation
[2020] EWFC B16
Parties
Applicant (wife): Mrs S; Respondent (husband): Mr H
Jurisdiction
England and Wales
Judgment Date
09 January 2020
Procedural Posture
Financial Remedy Proceedings (ancillary Relief) / Final Judgment
Outcome
Financial remedy orders granted in favour of the Husband.
Legal Topics
Financial Remedies, Prenuptial Agreements, Bankruptcy and Divorce, Section 25 Matrimonial Causes Act 1973, Pension Sharing, Clean Break
Family Law Financial Remedies Prenuptial Agreements Bankruptcy and Divorce Section 25 Matrimonial Causes Act 1973 Pension Sharing Clean Break

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Parties

Mrs S

Applicant (wife)

Mr H

Respondent (husband)

Procedural Posture

Financial Remedy Proceedings (ancillary Relief) / Final Judgment

Legal Issues

  1. 1 Whether a lump sum or other financial order can be made in favour of a bankrupt spouse
  2. 2 Effect and enforceability of the prenuptial agreement
  3. 3 Assessment of the Husband's financial needs

Ratio Decidendi

The prenuptial agreement is given no weight due to lack of disclosure, absence of legal advice, and the fact that enforcement would leave the Husband in real need. The Husband's bankruptcy does not preclude a financial order in his favour. The Husband's needs require provision for a secure home, discharge of bankruptcy and legal debts, and a modest income. The Wife has sufficient resources to meet these needs. A fair outcome is achieved by ordering a lump sum to discharge bankruptcy and legal fees, a pension sharing order (60% of the Aviva pension), and a housing fund for the Husband subject to a trust in favour of the Wife, with the capital to revert to her when the Husband no longer...

Court Disposition

Financial remedy orders granted in favour of the Husband.

Orders

  • Wife to pay lump sum of £270,000 to Husband to discharge bankruptcy and legal fees.
  • Wife to transfer 60% of Aviva pension to Husband (value as at date of transfer).