AF v SF

AF v SF

Provision for the Wife must be made from existing assets and the substantial income stream from the Trust, not from capital distributions. Her reasonable needs are assessed at £175,000 per annum for life, capitalised via Duxbury calculation. The Wife is awarded the matrimonial home, a lump sum, and maintenance by...

Source-derived case information.

Parties
Applicant: AF; Respondent: SF; Interested Party: Trustees
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Financial Remedy Application (divorce) / Final Judgment
Outcome
Financial remedy judgment in favour of the Wife
Legal Topics
Financial Remedies, Trusts, Maintenance, Clean Break, Child Support, Section 25 MCA 1973
Family Law Financial Remedies Trusts Maintenance Clean Break Child Support Section 25 MCA 1973

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Parties

AF

Applicant

SF

Respondent

Trustees

Interested Party

Procedural Posture

Financial Remedy Application (divorce) / Final Judgment

Legal Issues

  1. 1 Appropriate financial provision for wife and children after divorce
  2. 2 Treatment of trust assets in financial remedy proceedings
  3. 3 Assessment of reasonable needs

Ratio Decidendi

Provision for the Wife must be made from existing assets and the substantial income stream from the Trust, not from capital distributions. Her reasonable needs are assessed at £175,000 per annum for life, capitalised via Duxbury calculation. The Wife is awarded the matrimonial home, a lump sum, and maintenance by instalments, with a clean break after payments. No order for a second home in London, renovation fund, or litigation fund. Child maintenance and school fees are to be paid from the Husband's income, but not capitalised due to statutory limitations.

Court Disposition

Financial remedy judgment in favour of the Wife

Orders

  • Transfer of matrimonial home to Wife
  • Lump sum of £4,250,000 payable by instalments over five years