BG v BA (Rev 1)

BG v BA (Rev 1)

The consent order, properly construed in light of the background and undertakings, required the husband (now his estate) to facilitate and bear the expense of redeeming all secured charges, including the French tax, so the liability for the French tax does not fall on the wife and should not be deducted from her share of the proceeds.

Parties
Petitioner: BG; Respondent: BA (Deceased); Respondent: Trustees of the Insolvent Estate of BA (Deceased)
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Family Financial Remedy Application / Judgment on Construction of Consent Order
Outcome
Declaration granted; French tax charge not to be deducted from wife's share under consent order.
Legal Topics
Construction of Consent Orders, Division of Matrimonial Assets, Liability for Property Charges, Interpretation of Contractual Terms
Family Law Trusts and Estates Insolvency Construction of Consent Orders Division of Matrimonial Assets Liability for Property Charges Interpretation of Contractual Terms

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Parties

BG

Petitioner

BA (Deceased)

Respondent

Trustees of the Insolvent Estate of BA (Deceased)

Respondent

Procedural Posture

Family Financial Remedy Application / Judgment on Construction of Consent Order

Legal Issues

  1. 1 Which party is responsible for the French tax charge on Villa Rose under the consent order?
  2. 2 Does 'borrowing(s)' in the consent order mean only monies lent or all liabilities?
  3. 3 How should ambiguous terms in the consent order be construed?

Ratio Decidendi

The consent order, properly construed in light of the background and undertakings, required the husband (now his estate) to facilitate and bear the expense of redeeming all secured charges, including the French tax, so the liability for the French tax does not fall on the wife and should not be deducted from her share of the proceeds.

Court Disposition

Declaration granted; French tax charge not to be deducted from wife's share under consent order.

Orders

  • The French tax charge on Villa Rose is not to be deducted from the wife's share of the proceeds as provided for in paragraph 2(c)(v) of the consent order.