AA v BA

AA v BA

A fair outcome requires sale of the family home with wife to receive net proceeds plus lump sum to meet housing need, division of pensions to equalize income at husband's age 62, retention of husband's shares with structured sharing on sale, add-back of £150,000 for husband's dissipation, and spousal maintenance at £4,000 per month (CPI linked) until husband's 62nd birthday, with further provisions for bonuses and dividends, reflecting both parties' needs, earning capacities, and contributions.

Parties
Husband: AA; Wife: BA
Jurisdiction
England and Wales
Judgment Date
23 October 2018
Procedural Posture
Financial Remedy Proceedings (divorce) / Final Judgment
Outcome
Financial remedy order granted as per judgment terms.
Legal Topics
Financial Remedies, Ancillary Relief, Division of Assets, Spousal Maintenance, Pension Sharing, Add Back of Dissipated Assets
Family Law Financial Remedies Ancillary Relief Division of Assets Spousal Maintenance Pension Sharing Add Back of Dissipated Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 17 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

AA

Husband

BA

Wife

Procedural Posture

Financial Remedy Proceedings (divorce) / Final Judgment

Legal Issues

  1. 1 Appropriate division of matrimonial assets including shares, pensions, and real property
  2. 2 Assessment of spousal maintenance and term
  3. 3 Application of 'add-back' for dissipated assets

Ratio Decidendi

A fair outcome requires sale of the family home with wife to receive net proceeds plus lump sum to meet housing need, division of pensions to equalize income at husband's age 62, retention of husband's shares with structured sharing on sale, add-back of £150,000 for husband's dissipation, and spousal maintenance at £4,000 per month (CPI linked) until husband's 62nd birthday, with further provisions for bonuses and dividends, reflecting both parties' needs, earning capacities, and contributions.

Court Disposition

Financial remedy order granted as per judgment terms.

Orders

  • Immediate sale of family home; wife to receive net proceeds.
  • Husband to pay lump sum to wife to ensure she receives £450,000 for housing if proceeds plus her assets are less than this amount.