B v B

B v B

Fairness requires equal division of assets, including co-investments and carried interest in private equity funds as at the date of trial, with adjustments for post-separation accrual. The wife is awarded 50% of co-investments and carry in Fund A, 20% in Fund B, and a lump sum, with periodical payments for the children reflecting the husband's earning capacity.

Parties
Applicant: B; Respondent: B
Jurisdiction
England and Wales
Judgment Date
21 May 2013
Procedural Posture
Divorce Financial Remedy / Final Judgment
Outcome
Judgment for equal division of assets with specific allocations and orders.
Legal Topics
Financial Remedy, Asset Division, Child Maintenance, Matrimonial Property, Private Equity Interests
Family Law Financial Remedy Asset Division Child Maintenance Matrimonial Property Private Equity Interests

Case Brief

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Parties

B

Applicant

B

Respondent

Procedural Posture

Divorce Financial Remedy / Final Judgment

Legal Issues

  1. 1 Division of marital assets
  2. 2 Allocation of Falkirk Castle
  3. 3 Sharing of co-investment and carried interest in private equity funds

Ratio Decidendi

Fairness requires equal division of assets, including co-investments and carried interest in private equity funds as at the date of trial, with adjustments for post-separation accrual. The wife is awarded 50% of co-investments and carry in Fund A, 20% in Fund B, and a lump sum, with periodical payments for the children reflecting the husband's earning capacity.

Court Disposition

Judgment for equal division of assets with specific allocations and orders.

Orders

  • Wife to transfer interest in Falkirk Castle to husband, retaining CGT tax loss.
  • Wife awarded lump sum of £5,400,000.