B v B [2009] EWHC 3422 (Fam) (19 June 2009)

B v B [2009] EWHC 3422 (Fam) (19 June 2009)

The evidence does not establish that the A and B funds were always agreed and understood to be for the benefit of the Swedish resident members of the husband's family. The husband is a named discretionary beneficiary and could receive income or capital from the trusts. The court finds that the assets in the A and B funds are resources likely to be available to the husband in the foreseeable future and should be considered in determining the wife's award.

Citation
[2009] EWHC 3422 (Fam)
Parties
Petitioner: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Ancillary Relief Application (financial Remedy) / Final Judgment
Outcome
Ancillary relief granted; assets in A and B funds treated as resources available to husband.
Legal Topics
Ancillary Relief, Trust Assets, Financial Resources, Disclosure, Standard of Living, Contributions, Financial Needs, Pre Nuptial Agreement
Family Law Ancillary Relief Trust Assets Financial Resources Disclosure Standard of Living Contributions Financial Needs +1 more

Case Brief

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Parties

B

Petitioner

B

Respondent

Procedural Posture

Ancillary Relief Application (financial Remedy) / Final Judgment

Legal Issues

  1. 1 Whether assets held in Jersey trusts (A and B funds) are financial resources available to the husband under section 25(1)(a) Matrimonial Causes Act 1973
  2. 2 Extent of husband's wealth and disclosure
  3. 3 Appropriate level of financial provision for wife and children

Ratio Decidendi

The evidence does not establish that the A and B funds were always agreed and understood to be for the benefit of the Swedish resident members of the husband's family. The husband is a named discretionary beneficiary and could receive income or capital from the trusts. The court finds that the assets in the A and B funds are resources likely to be available to the husband in the foreseeable future and should be considered in determining the wife's award.

Court Disposition

Ancillary relief granted; assets in A and B funds treated as resources available to husband.

Orders

  • Wife awarded £6.5 million in total financial provision.
  • Husband to pay wife's litigation loan and costs.