PJC v ADC [2009] EWHC 1491 (Fam) (25 June 2009)

PJC v ADC [2009] EWHC 1491 (Fam) (25 June 2009)

The husband's vested interest under the trust, though subject to depletion by the trustees' powers and not likely to be realised for approximately 15 years, is sufficiently certain in both existence and eventual value to constitute a 'financial resource' which he is likely to have in the foreseeable future within the meaning of section 25(2)(a) of the Matrimonial Causes Act 1973. The possibility of earlier benefit is too speculative, and adjournment is inappropriate due to the long timescale.

Citation
[2009] EWHC 1491 (Fam)
Parties
Petitioner: PJC; Respondent: ADC; First Intervener: VJW; Second Intervener: DJH; Third Intervener: Stephen Howard Woolfe; Fourth Intervener: Philip James Tostevin
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Ancillary Relief Proceedings (financial Remedy) / Preliminary Issue Determination Before Final Hearing
Outcome
Preliminary issue determined in the affirmative: the husband's trust interest is a financial resource likely to be had in the foreseeable future.
Legal Topics
Ancillary Relief, Financial Resources Under Matrimonial Causes Act 1973 S.25(2)(a), Trust Interests in Divorce, Valuation of Trust Interests, Adjournment of Financial Applications
Family Law Trusts and Estates Ancillary Relief Financial Resources Under Matrimonial Causes Act 1973 S.25(2)(a) Trust Interests in Divorce Valuation of Trust Interests Adjournment of Financial Applications

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 3 Authorities cited 20 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

PJC

Petitioner

ADC

Respondent

VJW

First Intervener

DJH

Second Intervener

Stephen Howard Woolfe

Third Intervener

Philip James Tostevin

Fourth Intervener

Procedural Posture

Ancillary Relief Proceedings (financial Remedy) / Preliminary Issue Determination Before Final Hearing

Legal Issues

  1. 1 Whether the husband's interest under a trust is a 'financial resource' within the meaning of section 25(2)(a) of the Matrimonial Causes Act 1973, which he 'has or is likely to have in the foreseeable future'

Ratio Decidendi

The husband's vested interest under the trust, though subject to depletion by the trustees' powers and not likely to be realised for approximately 15 years, is sufficiently certain in both existence and eventual value to constitute a 'financial resource' which he is likely to have in the foreseeable future within the meaning of section 25(2)(a) of the Matrimonial Causes Act 1973. The possibility of earlier benefit is too speculative, and adjournment is inappropriate due to the long timescale.

Court Disposition

Preliminary issue determined in the affirmative: the husband's trust interest is a financial resource likely to be had in the foreseeable future.

Orders

  • The husband's interest under the trust is a financial resource within section 25(2)(a) of the Matrimonial Causes Act 1973.
  • Case to be returned to the County Court for final hearing.