UV v WX [2024] EWFC 409 (B) (02 August 2024)

UV v WX [2024] EWFC 409 (B) (02 August 2024)

Given the respondent's persistent non-engagement and non-disclosure, and the applicant's clear need for secure housing for herself and dependent children, a fair and reasonable settlement is to transfer the former family home and Property 2 to the applicant, subject to mortgages, on a clean break basis. This division (54% to applicant, 46% to respondent of known UK assets) is justified by the applicant's needs and the likelihood that the respondent has undisclosed resources abroad.

Citation
[2024] EWFC 409 (B)
Parties
Applicant Wife: UV; Respondent Husband: WX
Jurisdiction
England and Wales
Judgment Date
02 August 2024
Procedural Posture
Financial Remedy Following Divorce / Final Hearing and Judgment
Outcome
Final order granted in favour of the applicant.
Legal Topics
Financial Remedies, Non Disclosure, Property Transfer, Clean Break Order, Child Welfare
Family Law Financial Remedies Non Disclosure Property Transfer Clean Break Order Child Welfare

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Parties

UV

Applicant Wife

WX

Respondent Husband

Procedural Posture

Financial Remedy Following Divorce / Final Hearing and Judgment

Legal Issues

  1. 1 Whether a final order can be made in the absence of the respondent
  2. 2 Identification and fair division of matrimonial assets
  3. 3 Appropriate financial provision for the applicant and dependent children

Ratio Decidendi

Given the respondent's persistent non-engagement and non-disclosure, and the applicant's clear need for secure housing for herself and dependent children, a fair and reasonable settlement is to transfer the former family home and Property 2 to the applicant, subject to mortgages, on a clean break basis. This division (54% to applicant, 46% to respondent of known UK assets) is justified by the applicant's needs and the likelihood that the respondent has undisclosed resources abroad.

Court Disposition

Final order granted in favour of the applicant.

Orders

  • Transfer of the former family home and Property 2 to the applicant, subject to existing mortgages.
  • Order for execution of conveyancing documents by a partner or director of the applicant's solicitors if the respondent fails to cooperate.