B v B

B v B

A rounded figure of £820,000 representing the husband's pre-marital wealth is excluded from the sharing principle. The wife's reasonable capital and income needs amount to £1.74m, which is a fair division reflecting both needs and sharing principles. The evidence does not establish cohabitation by the wife. The husband is to pay a lump sum to the wife, and there will be a clean break between the parties.

Parties
Applicant: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
16 January 2012
Procedural Posture
Financial Remedy (matrimonial) / Final Judgment
Outcome
Application granted in part; financial remedy order made.
Legal Topics
Financial Remedies, Ancillary Relief, Division of Assets, Pre Marital Wealth, Needs Principle, Sharing Principle, Cohabitation, Clean Break
Family Law Financial Remedies Ancillary Relief Division of Assets Pre Marital Wealth Needs Principle Sharing Principle Cohabitation +1 more

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Parties

B

Applicant

B

Respondent

Procedural Posture

Financial Remedy (matrimonial) / Final Judgment

Legal Issues

  1. 1 How should pre-marital wealth be treated in the division of assets on divorce?
  2. 2 What are the wife's reasonable capital and income needs?
  3. 3 Should the sharing principle or needs principle apply?

Ratio Decidendi

A rounded figure of £820,000 representing the husband's pre-marital wealth is excluded from the sharing principle. The wife's reasonable capital and income needs amount to £1.74m, which is a fair division reflecting both needs and sharing principles. The evidence does not establish cohabitation by the wife. The husband is to pay a lump sum to the wife, and there will be a clean break between the parties.

Court Disposition

Application granted in part; financial remedy order made.

Orders

  • Former matrimonial home transferred to husband subject to mortgages; husband to indemnify wife.
  • Wife to transfer her AG Co shares to husband; husband to indemnify wife for tax liabilities arising from transfer.