C v C

C v C

Post-separation accrual, including RSUs and supplemental compensation allowance earned after the end of the marital partnership, constitutes non-matrimonial property and is excluded from equal sharing. The wife's award is determined by reference to her needs, which are met by the husband's proposal, and there is no justification for invading non-matrimonial assets.

Parties
Applicant: C; Respondent: C
Jurisdiction
England and Wales
Judgment Date
22 November 2018
Procedural Posture
Financial Remedy Application (divorce) / Final Judgment
Outcome
Financial remedy orders granted as per husband's proposal; clean break effected.
Legal Topics
Financial Remedies, Division of Matrimonial and Non Matrimonial Property, Post Separation Accrual, Child Maintenance, Needs Assessment
Family Law Financial Remedies Division of Matrimonial and Non Matrimonial Property Post Separation Accrual Child Maintenance Needs Assessment

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Parties

C

Applicant

C

Respondent

Procedural Posture

Financial Remedy Application (divorce) / Final Judgment

Legal Issues

  1. 1 Extent of departure from equality in division of assets due to post-separation accrual
  2. 2 Classification of assets as matrimonial or non-matrimonial
  3. 3 Approach to RSUs and supplemental compensation allowance

Ratio Decidendi

Post-separation accrual, including RSUs and supplemental compensation allowance earned after the end of the marital partnership, constitutes non-matrimonial property and is excluded from equal sharing. The wife's award is determined by reference to her needs, which are met by the husband's proposal, and there is no justification for invading non-matrimonial assets.

Court Disposition

Financial remedy orders granted as per husband's proposal; clean break effected.

Orders

  • Wife retains former matrimonial home; husband to pay lump sum of £1,877,854 for mortgage discharge and £1,781,962 as balancing payment within 14 days.
  • If husband does not purchase a home within two years, he must reimburse wife for her share of £525,000 stamp duty.