AE v BE

AE v BE

Given the extremely long marriage, equal contributions by both parties, and the absence of good reason to depart from equality, the assets are to be divided equally. The Wife is to receive a transfer of the Husband’s shareholding in Y Limited and other specified companies, plus a lump sum, to achieve her half share. The court rejected the Husband’s arguments for deduction of contingent tax and for a reduced share to the Wife, finding that risk and liabilities had already been fully accounted for in the asset computation. A clean break is ordered to end financial ties and litigation between the parties.

Parties
Petitioner: AE; Respondent: BE
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Financial Remedy (matrimonial) / Final Judgment After Contested Hearing
Outcome
Decree nisi pronounced; final financial remedy order made; equal division of assets ordered; clean break on payment.
Legal Topics
Financial Provision on Divorce, Division of Matrimonial Assets, Clean Break Orders, Valuation of Assets, International Property, Freezing Injunctions
Family Law Financial Provision on Divorce Division of Matrimonial Assets Clean Break Orders Valuation of Assets International Property Freezing Injunctions

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Parties

AE

Petitioner

BE

Respondent

Procedural Posture

Financial Remedy (matrimonial) / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Computation and valuation of matrimonial assets and liabilities
  2. 2 Appropriate division of assets between parties after a long marriage
  3. 3 Treatment of foreign property and liabilities

Ratio Decidendi

Given the extremely long marriage, equal contributions by both parties, and the absence of good reason to depart from equality, the assets are to be divided equally. The Wife is to receive a transfer of the Husband’s shareholding in Y Limited and other specified companies, plus a lump sum, to achieve her half share. The court rejected the Husband’s arguments for deduction of contingent tax and for a reduced share to the Wife, finding that risk and liabilities had already been fully accounted for in the asset computation. A clean break is ordered to end financial ties and litigation between the parties.

Court Disposition

Decree nisi pronounced; final financial remedy order made; equal division of assets ordered; clean break on payment.

Orders

  • Transfer of Husband’s shareholding in Y Limited and specified companies (I Ltd, G Ltd, F Ltd, E Ltd, H Ltd) to Wife
  • Transfer of Wife’s shareholding in X Limited to Husband