ARQ v YAQ

ARQ v YAQ

The assets transferred to the Wife in 2017 became matrimonial property, not her separate property, but their pre-marital origin remains a significant factor. The division of matrimonial assets should reflect the source and timing of acquisition. The appropriate division is 40% to the Wife (£45 million) and 60% to the Husband, with the Husband also retaining the non-matrimonial BT land. Add-back for alleged dissipation is not justified on the facts. NN is to be transferred to the Wife, and the Husband is to pay maintenance for the child Y.

Parties
Applicant: ARQ; Respondent: YAQ
Jurisdiction
England and Wales
Judgment Date
19 May 2022
Procedural Posture
Divorce Financial Remedy / Final Judgment
Outcome
Final orders for financial provision and asset division made; no equal sharing; specific orders for transfer of property and maintenance.
Legal Topics
Financial Provision on Divorce, Matrimonial Property, Asset Division, Tax Planning and Matrimonial Assets, Add Back and Dissipation, Children's Maintenance
Family Law Financial Provision on Divorce Matrimonial Property Asset Division Tax Planning and Matrimonial Assets Add Back and Dissipation Children's Maintenance

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Parties

ARQ

Applicant

YAQ

Respondent

Procedural Posture

Divorce Financial Remedy / Final Judgment

Legal Issues

  1. 1 Whether assets transferred to the Wife in 2017 became matrimonial property subject to sharing or her separate property
  2. 2 Extent to which pre-marital assets were matrimonialised
  3. 3 Appropriate division of matrimonial assets given the source and timing of acquisition

Ratio Decidendi

The assets transferred to the Wife in 2017 became matrimonial property, not her separate property, but their pre-marital origin remains a significant factor. The division of matrimonial assets should reflect the source and timing of acquisition. The appropriate division is 40% to the Wife (£45 million) and 60% to the Husband, with the Husband also retaining the non-matrimonial BT land. Add-back for alleged dissipation is not justified on the facts. NN is to be transferred to the Wife, and the Husband is to pay maintenance for the child Y.

Court Disposition

Final orders for financial provision and asset division made; no equal sharing; specific orders for transfer of property and maintenance.

Orders

  • Wife to receive £45 million (40% of matrimonial assets) and NN to be transferred to her.
  • Husband to receive 60% of matrimonial assets plus the BT land (non-matrimonial).