B v B

The division of assets should depart from equality due to the wife's inherited assets, with recognition of the source of capital, while enabling the husband to continue his business and receive a fair but limited share; fairness and non-discrimination require individual assessment, not automatic equal division.

Parties: Appellant: B; Respondent: B
Jurisdiction: England and Wales
Judgment Date: 19 March 2008
Procedural Posture: Ancillary Relief Appeal / Court of Appeal Judgment
Outcome: Wife's appeal allowed; husband's cross appeal dismissed.
Legal Topics: Ancillary Relief, Division of Matrimonial Assets, Clean Break, Periodical Payments, Non Discrimination, Fairness, Source of Assets, Inheritance

Family Law Ancillary Relief Division of Matrimonial Assets Clean Break Periodical Payments Non Discrimination Fairness Source of Assets +1 more

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 20

Parties

Appellant

Respondent

Procedural Posture

Ancillary Relief Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the division of assets should depart from equality due to the wife's inherited assets
2 Whether the husband should receive outright transfer of business premises
3 Appropriate method for securing wife's income and capital

Ratio Decidendi

Court Disposition

Wife's appeal allowed; husband's cross appeal dismissed.

Orders

Set aside paragraphs 2, 3, and 4 of the previous order.
Upon sale of carwash premises, wife to pay husband half of net proceeds after costs and taxes; husband's entitlement charged upon property until payment.