DE v FE

DE v FE

The court awarded the wife a 35% share of the total assets, reflecting the value created during the marriage, the need for liquidity, and the husband's post-separation endeavour and risk. The business was valued with a moderate uplift for potential future receipts, and the wife's share was discounted for illiquidity and risk. A structured lump sum payment was ordered, with nominal spousal maintenance and enhanced child maintenance.

Parties
Applicant: DE; Respondent: FE
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Financial Remedy Application / Final Judgment
Outcome
Lump sum and property transfer ordered; child and nominal spousal maintenance ordered.
Legal Topics
Financial Remedies, Matrimonial Property, Business Valuation, Post Separation Endeavour, Child Maintenance
Family Law Financial Remedies Matrimonial Property Business Valuation Post Separation Endeavour Child Maintenance

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Parties

DE

Applicant

FE

Respondent

Procedural Posture

Financial Remedy Application / Final Judgment

Legal Issues

  1. 1 Valuation of business interests for financial remedy
  2. 2 Treatment of post-separation endeavour in asset division
  3. 3 Classification of matrimonial and non-matrimonial property

Ratio Decidendi

The court awarded the wife a 35% share of the total assets, reflecting the value created during the marriage, the need for liquidity, and the husband's post-separation endeavour and risk. The business was valued with a moderate uplift for potential future receipts, and the wife's share was discounted for illiquidity and risk. A structured lump sum payment was ordered, with nominal spousal maintenance and enhanced child maintenance.

Court Disposition

Lump sum and property transfer ordered; child and nominal spousal maintenance ordered.

Orders

  • Transfer of former matrimonial home to wife.
  • Lump sum of £9.3m to wife, payable over 5 years (£1m per year for 4 years, balance in year 5, interest at base rate plus 1%).