CC v LC [2023] EWFC 52 (B) (10 March 2023)

CC v LC [2023] EWFC 52 (B) (10 March 2023)

The former matrimonial home should be transferred to the wife, not sold, to meet the needs of the wife and three dependent children, whose welfare is the first consideration. The husband is awarded a lump sum reflecting approximately 25% of the net equity, discounted for his costs liability due to litigation...

Source-derived case information.

Citation
[2023] EWFC 52 (B)
Parties
Husband: [Husband's name redacted]; Wife: [Wife's name redacted]
Jurisdiction
England and Wales
Judgment Date
10 March 2023
Procedural Posture
Financial Remedy Proceedings / Final Hearing and Judgment
Outcome
Application granted in part; financial remedy order made as specified.
Legal Topics
Financial Remedies, Matrimonial Causes Act 1973, Non Disclosure, Litigation Misconduct, Needs Based Distribution, Child Welfare, Spousal Maintenance, Clean Break, Mesher Order, Martin Order
Family Law Financial Remedies Matrimonial Causes Act 1973 Non Disclosure Litigation Misconduct Needs Based Distribution Child Welfare Spousal Maintenance +3 more

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Summary, issues, holding and outcome

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Parties

[Husband's name redacted]

Husband

[Wife's name redacted]

Wife

Procedural Posture

Financial Remedy Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the former matrimonial home should be sold or transferred to the wife
  2. 2 Appropriate quantum and structure of lump sum payment to the husband
  3. 3 Whether a clean break order is appropriate

Ratio Decidendi

The former matrimonial home should be transferred to the wife, not sold, to meet the needs of the wife and three dependent children, whose welfare is the first consideration. The husband is awarded a lump sum reflecting approximately 25% of the net equity, discounted for his costs liability due to litigation misconduct. No Mesher or Martin order is appropriate due to the need for a capital clean break and the wife's vulnerability to ongoing control. Periodical payments are to continue at the current level, indexed, with no clean break, given the wife's limited earning capacity and the children's ongoing needs. The husband's litigation misconduct and non-disclosure justify adverse...

Court Disposition

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

Orders

  • Former matrimonial home to be transferred to the wife, subject to the mortgage, by 4 p.m. on 5 May 2023 unless delayed by conveyancing.
  • Wife to pay husband a lump sum of £70,000, discounted by £5,500 for costs, payable upon completion of transfer of house and mortgage.