Warner v Warner

Warner v Warner

The trial judge's division of the proceeds of sale of the two properties (effectively leaving Mr Warner with only £35,000) was unfair and too heavily weighted in favour of Mrs Warner. A fairer division is an 80/20 split of the net proceeds in favour of Mrs Warner, reflecting her and the children's housing needs while allowing Mr Warner a reasonable sum to rehouse himself.

Parties
Appellant/applicant: Timothy Marc Warner; Respondent: Claire Susan Warner
Jurisdiction
England and Wales
Judgment Date
20 December 2005
Procedural Posture
Civil Appeal (family/financial) / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Financial Provision on Divorce, Residence Order, Disclosure Obligations
Family Law Ancillary Relief Division of Matrimonial Assets Financial Provision on Divorce Residence Order Disclosure Obligations

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Parties

Timothy Marc Warner

Appellant/applicant

Claire Susan Warner

Respondent

Procedural Posture

Civil Appeal (family/financial) / Appeal Judgment

Legal Issues

  1. 1 Whether the division of matrimonial assets by the trial judge was fair given the parties' circumstances and disclosure issues
  2. 2 Whether the structure of the order regarding sale and division of property proceeds was appropriate

Ratio Decidendi

The trial judge's division of the proceeds of sale of the two properties (effectively leaving Mr Warner with only £35,000) was unfair and too heavily weighted in favour of Mrs Warner. A fairer division is an 80/20 split of the net proceeds in favour of Mrs Warner, reflecting her and the children's housing needs while allowing Mr Warner a reasonable sum to rehouse himself.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed and stay discharged