D v D

D v D

A fair award requires both sharing and needs principles to be applied, with a departure from equality justified by the gifted/inherited nature of the company but not to the extent of excluding it from sharing. The company should be preserved as a going concern, and the wife should receive the matrimonial home, a lump sum, and periodical payments, as a clean break at the level sought is not affordable or fair.

Parties
Applicant: D; Respondent: D
Jurisdiction
England and Wales
Judgment Date
11 March 2010
Procedural Posture
Ancillary Relief (divorce Financial Proceedings) / Final Judgment
Outcome
Ancillary relief granted; assets divided with departure from equality for good reason.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Clean Break, Valuation of Company Shares, Inherited Assets, Needs Principle, Sharing Principle
Family Law Ancillary Relief Division of Matrimonial Assets Clean Break Valuation of Company Shares Inherited Assets Needs Principle Sharing Principle

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Parties

D

Applicant

D

Respondent

Procedural Posture

Ancillary Relief (divorce Financial Proceedings) / Final Judgment

Legal Issues

  1. 1 Appropriate division of assets in a long marriage involving inherited/gifted farming company
  2. 2 Application of sharing and needs principles
  3. 3 Affordability of lump sum and clean break

Ratio Decidendi

A fair award requires both sharing and needs principles to be applied, with a departure from equality justified by the gifted/inherited nature of the company but not to the extent of excluding it from sharing. The company should be preserved as a going concern, and the wife should receive the matrimonial home, a lump sum, and periodical payments, as a clean break at the level sought is not affordable or fair.

Court Disposition

Ancillary relief granted; assets divided with departure from equality for good reason.

Orders

  • Transfer of matrimonial home to wife
  • Payment of lump sum of £1.5 million to wife