BL v OR

BL v OR

The applicant's needs must be met, but her voluntary disposal of her main asset (the St John's Wood flat) is a material factor reducing the level at which her needs are assessed and justifies the imposition of a charge in favour of the respondent over any new housing provision. The PNA is given significant weight, limiting the award to needs rather than sharing. The applicant is awarded a housing fund of up to £2.6m (plus SDLT), subject to a 40% charge in favour of the respondent, and a capitalised income fund of £2.269m, with no deduction for her remaining assets.

Parties
Applicant: BL; Respondent: OR
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Financial Remedy Application (matrimonial) / Final Judgment
Outcome
Application allowed in part; financial remedy orders made.
Legal Topics
Financial Remedies, Pre Nuptial Agreements, Needs Assessment, Dissipation of Assets
Family Law Financial Remedies Pre Nuptial Agreements Needs Assessment Dissipation of Assets

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Parties

BL

Applicant

OR

Respondent

Procedural Posture

Financial Remedy Application (matrimonial) / Final Judgment

Legal Issues

  1. 1 Effect and weight to be given to the pre-nuptial agreement (PNA)
  2. 2 Impact of applicant's disposal of her main asset during marriage
  3. 3 Assessment of applicant's reasonable needs for housing and income

Ratio Decidendi

The applicant's needs must be met, but her voluntary disposal of her main asset (the St John's Wood flat) is a material factor reducing the level at which her needs are assessed and justifies the imposition of a charge in favour of the respondent over any new housing provision. The PNA is given significant weight, limiting the award to needs rather than sharing. The applicant is awarded a housing fund of up to £2.6m (plus SDLT), subject to a 40% charge in favour of the respondent, and a capitalised income fund of £2.269m, with no deduction for her remaining assets.

Court Disposition

Application allowed in part; financial remedy orders made.

Orders

  • Respondent to pay applicant a housing fund of up to £2.6m plus SDLT (up to £223k-£300k), subject to a 40% charge in favour of the respondent over the equity in the property.
  • Respondent to pay applicant a capitalised income fund of £2.269m.