CR v CR [2007] EWHC 3334 (Fam) (19 June 2007)

CR v CR [2007] EWHC 3334 (Fam) (19 June 2007)

The assets, including post-separation accruals, are the product of a financial continuum enabled by both parties' contributions during the marriage. There is no justification for departing from equality. The wife is not entitled to additional compensation for future increases in the husband's share value or for lost...

Source-derived case information.

Citation
[2007] EWHC 3334 (Fam)
Parties
Applicant: CR; Respondent: CR
Jurisdiction
England and Wales
Judgment Date
19 June 2007
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment
Outcome
Ancillary relief granted; equal division of assets; no additional compensation or periodical payments; clean break ordered.
Legal Topics
Ancillary Relief, Financial Remedies, Asset Division, Post Separation Accruals, Compensation for Lost Earning Capacity, Clean Break, S25 Matrimonial Causes Act 1973
Family Law Ancillary Relief Financial Remedies Asset Division Post Separation Accruals Compensation for Lost Earning Capacity Clean Break S25 Matrimonial Causes Act 1973

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Summary, issues, holding and outcome

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Parties

CR

Applicant

CR

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment

Legal Issues

  1. 1 Whether the wife should receive 50% of the marital assets or a lesser share due to post-separation accruals
  2. 2 Whether the wife should receive additional compensation for inability to share in future increases in value of the husband's shares
  3. 3 Whether the wife should receive compensation for lost earning capacity or inability to share in the husband's future income

Ratio Decidendi

The assets, including post-separation accruals, are the product of a financial continuum enabled by both parties' contributions during the marriage. There is no justification for departing from equality. The wife is not entitled to additional compensation for future increases in the husband's share value or for lost earning capacity, as the future value is too speculative and she did not have an established career. A clean break is appropriate, with equal division of the assets.

Court Disposition

Ancillary relief granted; equal division of assets; no additional compensation or periodical payments; clean break ordered.

Orders

  • Wife to retain matrimonial home in her sole name.
  • Assets to be divided equally, each party to receive approximately £8 million.