B v B

B v B

The A and B funds in the Jersey trusts are resources likely to be made available to the husband if he requests them, and the interests of other beneficiaries would not be appreciably damaged. The wife's award should be determined by reference to her reasonable needs, given the origin of the wealth and the length of the relationship. A lump sum of £4.5 million is fair, comprising £2.25 million for housing and £2.25 million for income, plus child maintenance and a substantial costs order against the husband due to his litigation conduct.

Parties
Petitioner: B (Wife); Respondent: B (Husband)
Jurisdiction
England and Wales
Judgment Date
19 June 2009
Procedural Posture
Ancillary Relief (financial Remedy) in Divorce / Final Judgment
Outcome
Application for ancillary relief allowed; lump sum and costs awarded to wife.
Legal Topics
Ancillary Relief, Trusts as Financial Resources, Disclosure of Assets, Needs Principle, Costs Orders
Family Law Ancillary Relief Trusts as Financial Resources Disclosure of Assets Needs Principle Costs Orders

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Parties

B (Wife)

Petitioner

B (Husband)

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) in Divorce / Final Judgment

Legal Issues

  1. 1 Whether assets 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 Appropriate quantum of financial award to the wife based on needs and sharing principles
  3. 3 Whether the husband failed to disclose assets

Ratio Decidendi

The A and B funds in the Jersey trusts are resources likely to be made available to the husband if he requests them, and the interests of other beneficiaries would not be appreciably damaged. The wife's award should be determined by reference to her reasonable needs, given the origin of the wealth and the length of the relationship. A lump sum of £4.5 million is fair, comprising £2.25 million for housing and £2.25 million for income, plus child maintenance and a substantial costs order against the husband due to his litigation conduct.

Court Disposition

Application for ancillary relief allowed; lump sum and costs awarded to wife.

Orders

  • Husband to pay wife a lump sum of £4.5 million by 4:00 p.m. on 25 September 2009
  • Husband to pay child maintenance of £15,000 per child per year until each ceases full-time tertiary education or attains age 17, whichever is later