G v G (Confiscation Order: Conduct) [2023] EWFC 16 (B) (26 January 2023)

G v G (Confiscation Order: Conduct) [2023] EWFC 16 (B) (26 January 2023)

The matrimonial assets are limited to the former matrimonial home and Husband's pension. Husband's share in London property is one third, not half, and is subsumed by confiscation debt. Wife is entitled to transfer of Husband's interest in matrimonial home and two-thirds share of Husband's pension to secure her and children's welfare, but not a lump sum, due to asset limitations and need to satisfy confiscation order.

Citation
[2023] EWFC 16 (B)
Parties
Applicant Wife: Mrs G; Respondent Husband: Mr G; Intervenor: Crown Prosecution Service (CPS)
Jurisdiction
England and Wales
Judgment Date
26 January 2023
Procedural Posture
Financial Remedy (family Court) / Final Judgment After Contested Hearing
Outcome
Transfer of Husband's interest in former matrimonial home to Wife; unequal division of Husband's pension (two-thirds to Wife); Husband to pay previously ordered costs; no lump sum order.
Legal Topics
Financial Remedy, Confiscation Order, Property Division, Pension Sharing, Conduct in Matrimonial Proceedings
Family Law Criminal Law Financial Remedy Confiscation Order Property Division Pension Sharing Conduct in Matrimonial Proceedings

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Parties

Mrs G

Applicant Wife

Mr G

Respondent Husband

Crown Prosecution Service (CPS)

Intervenor

Procedural Posture

Financial Remedy (family Court) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Ownership of London property
  2. 2 Ownership of Scottish property
  3. 3 Relationship between properties and confiscation order

Ratio Decidendi

The matrimonial assets are limited to the former matrimonial home and Husband's pension. Husband's share in London property is one third, not half, and is subsumed by confiscation debt. Wife is entitled to transfer of Husband's interest in matrimonial home and two-thirds share of Husband's pension to secure her and children's welfare, but not a lump sum, due to asset limitations and need to satisfy confiscation order.

Court Disposition

Transfer of Husband's interest in former matrimonial home to Wife; unequal division of Husband's pension (two-thirds to Wife); Husband to pay previously ordered costs; no lump sum order.

Orders

  • Transfer of Husband's interest in former matrimonial home to Wife
  • Husband's pension to be shared: two-thirds to Wife, one-third to Husband