W v H (Financial Remedies: Pensions) [2021] EWFC B63 (14 September 2021)

W v H (Financial Remedies: Pensions) [2021] EWFC B63 (14 September 2021)

The court determined that the wife should receive a lump sum of £335,000 to enable her to clear debts and purchase suitable housing, with the balance of the former matrimonial home proceeds to the husband. Pension sharing orders were made to equalise income in retirement, rejecting the husband's proposed offset for the wife's potential future interest in her mother's property due to uncertainty. The wife's cohabitation was found not to diminish her needs for housing. The court found jurisdiction to make a periodical payments order for the youngest child due to shared care. Clean break orders were appropriate for both parties.

Citation
[2021] EWFC B63
Parties
Applicant Wife: Mrs W; Respondent Husband: Mr H
Jurisdiction
England and Wales
Judgment Date
14 September 2021
Procedural Posture
Financial Remedies Application (ancillary Relief) / Reserved Judgment After Final Hearing
Outcome
Application granted in part; financial remedy orders made as specified.
Legal Topics
Financial Remedies, Pension Sharing, Cohabitation, Housing Needs, Clean Break, Child Maintenance, Beneficial Ownership, Needs Principle
Family Law Financial Remedies Pension Sharing Cohabitation Housing Needs Clean Break Child Maintenance Beneficial Ownership +1 more

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Parties

Mrs W

Applicant Wife

Mr H

Respondent Husband

Procedural Posture

Financial Remedies Application (ancillary Relief) / Reserved Judgment After Final Hearing

Legal Issues

  1. 1 Determination of appropriate financial remedy orders including pension sharing and capital division after divorce
  2. 2 Assessment of beneficial interest in property held with applicant's mother
  3. 3 Impact of applicant's cohabitation on needs and entitlement

Ratio Decidendi

The court determined that the wife should receive a lump sum of £335,000 to enable her to clear debts and purchase suitable housing, with the balance of the former matrimonial home proceeds to the husband. Pension sharing orders were made to equalise income in retirement, rejecting the husband's proposed offset for the wife's potential future interest in her mother's property due to uncertainty. The wife's cohabitation was found not to diminish her needs for housing. The court found jurisdiction to make a periodical payments order for the youngest child due to shared care. Clean break orders were appropriate for both parties.

Court Disposition

Application granted in part; financial remedy orders made as specified.

Orders

  • Husband to pay wife a lump sum of £335,000, with facility for husband to buy out wife's interest in former matrimonial home or for sale if not exercised.
  • Pension sharing orders in favour of wife: 73.3% of AS PMF awarded pension and 100% of each of Aegon SIPP annuity, Aegon (formerly Scottish Equitable) annuity, and Aviva funds annuity; pension sharing charges to be shared equally.