X v Y [2022] EWFC 143 (B) (08 September 2022)

X v Y [2022] EWFC 143 (B) (08 September 2022)

The Husband was found to have engaged in serial non-disclosure, dishonesty, and deliberate attempts to defeat the Wife's claim. The court drew adverse inferences and added back £241,000 to the asset pot for undisclosed assets. The total matrimonial assets, including pensions, were divided equally, with each party to...

Source-derived case information.

Citation
[2022] EWFC 143 (B)
Parties
Applicant Wife: X; Respondent Husband: Y
Jurisdiction
England and Wales
Judgment Date
08 September 2022
Procedural Posture
Financial Remedies Proceedings (divorce) / Final Judgment After Trial
Outcome
Final financial remedy order; equal division of assets; costs order against Husband.
Legal Topics
Financial Remedies, Non Disclosure of Assets, Costs Orders, Section 25 Matrimonial Causes Act 1973, Section 37 Injunctions, Non Molestation Injunctions
Family Law Financial Remedies Non Disclosure of Assets Costs Orders Section 25 Matrimonial Causes Act 1973 Section 37 Injunctions Non Molestation Injunctions

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Summary, issues, holding and outcome

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Parties

X

Applicant Wife

Y

Respondent Husband

Procedural Posture

Financial Remedies Proceedings (divorce) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Husband failed to disclose assets and the extent of non-disclosure
  2. 2 Whether assets should be 'added back' to the matrimonial pot due to non-disclosure or dissipation
  3. 3 Whether the Husband's litigation conduct warrants a costs order

Ratio Decidendi

The Husband was found to have engaged in serial non-disclosure, dishonesty, and deliberate attempts to defeat the Wife's claim. The court drew adverse inferences and added back £241,000 to the asset pot for undisclosed assets. The total matrimonial assets, including pensions, were divided equally, with each party to receive £922,769. The Husband's litigation conduct justified a costs order against him for the Wife's outstanding costs.

Court Disposition

Final financial remedy order; equal division of assets; costs order against Husband.

Orders

  • Matrimonial assets (including pensions) to be divided equally: £922,769 to each party.
  • Husband to pay Wife a lump sum of £99,215 to achieve equality.