ES v SS

ES v SS

A fair division requires recognition of provenance of funds, post-separation endeavour, and risk of unforeseen uplift in asset values; 40% share to W, 60% to H, with Wells sharing orders for certain NFIs, equal division of E Co proceeds and associated tax, and M Trust retained for children.

Parties
Applicant Wife: ES; Respondent Husband: SS
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Financial Remedy / Final Judgment
Outcome
Financial remedy orders granted; assets divided approximately 60:40 in favour of H.
Legal Topics
Financial Remedies, Division of Assets, Non Matrimonial Property, Wells Sharing Order, Tax Liabilities, Trusts, Child Maintenance, Costs
Family Law Financial Remedies Division of Assets Non Matrimonial Property Wells Sharing Order Tax Liabilities Trusts Child Maintenance +1 more

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Parties

ES

Applicant Wife

SS

Respondent Husband

Procedural Posture

Financial Remedy / Final Judgment

Legal Issues

  1. 1 Treatment of pre-marital assets
  2. 2 Division of proceeds from private equity investments
  3. 3 Valuation and sharing of non-fund investments (NFIs)

Ratio Decidendi

A fair division requires recognition of provenance of funds, post-separation endeavour, and risk of unforeseen uplift in asset values; 40% share to W, 60% to H, with Wells sharing orders for certain NFIs, equal division of E Co proceeds and associated tax, and M Trust retained for children.

Court Disposition

Financial remedy orders granted; assets divided approximately 60:40 in favour of H.

Orders

  • H to pay lump sum of £15,201,470 to W.
  • Wells sharing order: W receives 40% of F Co net receipts, 20% of H Co net receipts, 50% of E Co proceeds, 25% of G Co proceeds.