Colborne v Colborne

Colborne v Colborne

The trial judge was entitled to mistrust the husband's disclosure and to value the assets as he did, but failed to make sufficient provision for the children's immediate welfare and erred in the scope of the pension sharing order and the costs order. The appeal was allowed to the extent of adjusting the timetable for sale of the matrimonial home, discharging the lump sum order, limiting the pension sharing order to The Old Post Office, and reducing the costs order to 80%.

Parties
Appellant: Colborne; Respondent: Colborne
Jurisdiction
England and Wales
Judgment Date
20 November 2014
Procedural Posture
Divorce/ancillary Relief Appeal / Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Division of Matrimonial Assets, Ancillary Relief, Costs Orders, Disclosure Obligations, Welfare of Children
Family Law Division of Matrimonial Assets Ancillary Relief Costs Orders Disclosure Obligations Welfare of Children

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Parties

Colborne

Appellant

Colborne

Respondent

Procedural Posture

Divorce/ancillary Relief Appeal / Appeal Judgment

Legal Issues

  1. 1 Proper division of matrimonial assets on divorce
  2. 2 Treatment of undisclosed or missing assets
  3. 3 Appropriate costs order in ancillary relief proceedings

Ratio Decidendi

The trial judge was entitled to mistrust the husband's disclosure and to value the assets as he did, but failed to make sufficient provision for the children's immediate welfare and erred in the scope of the pension sharing order and the costs order. The appeal was allowed to the extent of adjusting the timetable for sale of the matrimonial home, discharging the lump sum order, limiting the pension sharing order to The Old Post Office, and reducing the costs order to 80%.

Court Disposition

Appeal allowed in part

Orders

  • Former matrimonial home to be sold with wife having conduct of sale; husband and children to remain until February half term 2015 unless otherwise agreed.
  • Lump sum order of £16,000 discharged.