BC v SC

BC v SC

The critical illness policy proceeds are matrimonial assets and should be included in the asset pool, but as much as possible should be preserved for H's future income and healthcare needs due to his medical condition. Each party's housing and capital needs are assessed at £725,000, with liabilities to be discharged from the assets. W is entitled to the FMH (subject to mortgage discharge) and a lump sum of £177,000. There should be a clean break as to capital and income, with a pension sharing order and no spousal maintenance. The division departs from equality to reflect H's health-related needs and the source of certain assets.

Parties
Applicant: BC; Respondent: SC
Jurisdiction
England and Wales
Judgment Date
17 November 2024
Procedural Posture
Financial Remedy Application (divorce) / Final Judgment
Outcome
Application allowed in part; final financial remedy order made
Legal Topics
Financial Remedies, Division of Matrimonial Assets, Clean Break, Pension Sharing, Child Maintenance, Housing Needs, Non Matrimonial Property
Family Law Financial Remedies Division of Matrimonial Assets Clean Break Pension Sharing Child Maintenance Housing Needs Non Matrimonial Property

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Parties

BC

Applicant

SC

Respondent

Procedural Posture

Financial Remedy Application (divorce) / Final Judgment

Legal Issues

  1. 1 Whether the proceeds of critical illness insurance policies are matrimonial assets
  2. 2 How to divide matrimonial and non-matrimonial assets
  3. 3 Assessment of parties' housing and capital needs

Ratio Decidendi

The critical illness policy proceeds are matrimonial assets and should be included in the asset pool, but as much as possible should be preserved for H's future income and healthcare needs due to his medical condition. Each party's housing and capital needs are assessed at £725,000, with liabilities to be discharged from the assets. W is entitled to the FMH (subject to mortgage discharge) and a lump sum of £177,000. There should be a clean break as to capital and income, with a pension sharing order and no spousal maintenance. The division departs from equality to reflect H's health-related needs and the source of certain assets.

Court Disposition

Application allowed in part; final financial remedy order made

Orders

  • FMH to be transferred to W, subject to her discharging H from the mortgage by 31 August 2024; if not, FMH to be sold and proceeds to W
  • H to pay W a lump sum of £177,000 within 28 days