VT v LT [2023] EWFC 256 (B) (18 December 2023)

VT v LT [2023] EWFC 256 (B) (18 December 2023)

A modest departure from equality in favour of the wife is justified due to her housing insecurity and the husband's higher earning and mortgage raising capacity. If the husband keeps the home, he must pay the wife £20,000 now and £35,000 within 24 months, failing which the property will be sold and £55,000 paid to the wife. 50% of the CET value of the husband's pension is to be transferred to the wife. There will be a clean break.

Citation
[2023] EWFC 256 (B)
Parties
Applicant Wife: VT; Respondent Husband: LT
Jurisdiction
England and Wales
Judgment Date
18 December 2023
Procedural Posture
Financial Remedies / Final Hearing
Outcome
Order for payment to wife and pension sharing; clean break; contingent sale of property if payment not made.
Legal Topics
Financial Remedies, Division of Matrimonial Assets, Clean Break, Pension Sharing, Housing Needs
Family Law Financial Remedies Division of Matrimonial Assets Clean Break Pension Sharing Housing Needs

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Parties

VT

Applicant Wife

LT

Respondent Husband

Procedural Posture

Financial Remedies / Final Hearing

Legal Issues

  1. 1 Fair division of matrimonial assets after divorce
  2. 2 Appropriate allocation of matrimonial debt
  3. 3 Determination of housing needs for both parties

Ratio Decidendi

A modest departure from equality in favour of the wife is justified due to her housing insecurity and the husband's higher earning and mortgage raising capacity. If the husband keeps the home, he must pay the wife £20,000 now and £35,000 within 24 months, failing which the property will be sold and £55,000 paid to the wife. 50% of the CET value of the husband's pension is to be transferred to the wife. There will be a clean break.

Court Disposition

Order for payment to wife and pension sharing; clean break; contingent sale of property if payment not made.

Orders

  • Husband to pay wife £20,000 now and £35,000 within 24 months.
  • If payment not made, property to be sold and £55,000 paid to wife, balance to husband.