A v A

A v A

The trusts are not shams as the current trustees acted independently and in good faith; assets held by trusts are not available to the husband beyond his minority shareholding; allegations of cash skimming and business diversion were not proven; HDC shares and other matrimonial assets are to be divided equally between husband and wife.

Parties
Petitioner: A; Respondent: A; Interveners: St George Trustees Limited and others
Jurisdiction
England and Wales
Judgment Date
29 January 2007
Procedural Posture
Ancillary Relief / Final Judgment
Outcome
Ancillary relief granted; assets divided equally.
Legal Topics
Divorce, Ancillary Relief, Trusts, Sham Trusts, Division of Matrimonial Assets
Family Law Divorce Ancillary Relief Trusts Sham Trusts Division of Matrimonial Assets

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Parties

A

Petitioner

A

Respondent

St George Trustees Limited and others

Interveners

Procedural Posture

Ancillary Relief / Final Judgment

Legal Issues

  1. 1 Whether the trusts are shams and assets held therein should be treated as belonging to the husband
  2. 2 Whether assets held by trusts are available to the husband under Thomas v Thomas principle
  3. 3 Whether the husband skimmed cash from HDC

Ratio Decidendi

The trusts are not shams as the current trustees acted independently and in good faith; assets held by trusts are not available to the husband beyond his minority shareholding; allegations of cash skimming and business diversion were not proven; HDC shares and other matrimonial assets are to be divided equally between husband and wife.

Court Disposition

Ancillary relief granted; assets divided equally.

Orders

  • HDC to acquire wife's shares at market value (£689,400)
  • Wife to receive contents of Drum Grange, jewellery, car, and her share of proceeds of Drum Grange