AW v AH & Ors

AW v AH & Ors

Given the absence of visible liquid resources, the wife’s capital claims for lump sum and property adjustment orders are adjourned for up to seven years, with a nominal periodical payments order, as there is a reasonable probability the husband may restore his finances. The husband is declared beneficial owner of S Ltd and 50% of the value of F Ltd and related companies. The husband is primarily responsible for the HSBC loan in the wife’s name. The husband’s litigation misconduct justifies a costs order for 60% of the wife’s costs.

Parties
Applicant: AW; First Respondent: AH; Second Respondent: BB; Third Respondent: C Limited
Jurisdiction
England and Wales
Judgment Date
21 April 2020
Procedural Posture
Financial Remedy (matrimonial Causes Act 1973) / Final Judgment
Outcome
Wife’s capital claims adjourned for up to seven years; nominal periodical payments order; declarations as to beneficial ownership; pension sharing order; costs order against husband.
Legal Topics
Financial Remedies, Non Disclosure, Adjournment of Capital Claims, Beneficial Ownership, Costs Orders
Family Law Financial Remedies Non Disclosure Adjournment of Capital Claims Beneficial Ownership Costs Orders

Case Brief

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Parties

AW

Applicant

AH

First Respondent

BB

Second Respondent

C Limited

Third Respondent

Procedural Posture

Financial Remedy (matrimonial Causes Act 1973) / Final Judgment

Legal Issues

  1. 1 Whether the husband failed to make full and frank disclosure of his financial circumstances
  2. 2 Whether the husband is the beneficial owner of certain corporate assets held offshore
  3. 3 Whether the wife’s capital claims should be adjourned due to lack of visible resources

Ratio Decidendi

Given the absence of visible liquid resources, the wife’s capital claims for lump sum and property adjustment orders are adjourned for up to seven years, with a nominal periodical payments order, as there is a reasonable probability the husband may restore his finances. The husband is declared beneficial owner of S Ltd and 50% of the value of F Ltd and related companies. The husband is primarily responsible for the HSBC loan in the wife’s name. The husband’s litigation misconduct justifies a costs order for 60% of the wife’s costs.

Court Disposition

Wife’s capital claims adjourned for up to seven years; nominal periodical payments order; declarations as to beneficial ownership; pension sharing order; costs order against husband.

Orders

  • Wife’s claims for lump sum and property adjustment adjourned until husband reaches age 70 or for seven years, whichever is sooner.
  • Nominal periodical payments order (joint lives).