A v B [2023] EWFC 340 (B) (11 December 2023)

A v B [2023] EWFC 340 (B) (11 December 2023)

The court found no basis for add-back as the Husband's actions were not wanton or reckless, nor was there evidence of hidden assets or sham transactions. Both parties' needs and contributions were broadly equal. The distributable assets were identified, and orders made to enable both parties to meet their housing...

Source-derived case information.

Citation
[2023] EWFC 340 (B)
Parties
Applicant (wife): A; Respondent (husband): B
Jurisdiction
England and Wales
Judgment Date
11 December 2023
Procedural Posture
Financial Remedy Application (family Law) / Final Judgment After Contested Hearing
Outcome
Application for financial remedies granted in part; orders made for lump sum, pension sharing, clean break, and equal sharing of school fees.
Legal Topics
Financial Remedies, Matrimonial Assets, Pension Sharing, Clean Break, Child Maintenance, School Fees, Add Back Jurisdiction, Needs Assessment
Family Law Financial Remedies Matrimonial Assets Pension Sharing Clean Break Child Maintenance School Fees Add Back Jurisdiction +1 more

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Parties

A

Applicant (wife)

B

Respondent (husband)

Procedural Posture

Financial Remedy Application (family Law) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether properties in Country Y are matrimonial assets
  2. 2 Valuation of the Husband's company
  3. 3 Whether there should be an add-back for depletion or non-disclosure of capital by the Husband

Ratio Decidendi

The court found no basis for add-back as the Husband's actions were not wanton or reckless, nor was there evidence of hidden assets or sham transactions. Both parties' needs and contributions were broadly equal. The distributable assets were identified, and orders made to enable both parties to meet their housing and child-related needs, with a clean break and equal sharing of school fees. A pension sharing order was made to achieve equality of CETV values.

Court Disposition

Application for financial remedies granted in part; orders made for lump sum, pension sharing, clean break, and equal sharing of school fees.

Orders

  • Husband to pay Wife a lump sum of £275,000
  • Pension sharing order: 55.43% of Wife's Country X pension to Husband