DH v RH (No3) (Final Hearing)

DH v RH (No3) (Final Hearing)

The court found no sufficient evidential basis for the wife's allegations of large-scale non-disclosure by the husband. The matrimonial assets are as set out in the husband's ES2, with an add back of £800,000 to the wife's side for reckless and disproportionate legal costs. The assets are to be divided broadly equally, with adjustments for the parties’ respective earning capacities and needs, and provision for the children’s tertiary education. The division achieves a clean break and is fair in all the circumstances.

Parties
Applicant: DH; Respondent: RH
Jurisdiction
England and Wales
Judgment Date
06 June 2024
Procedural Posture
Financial Remedy Proceedings (divorce) / Final Judgment
Outcome
Final judgment; financial remedy order granted
Legal Topics
Financial Remedies, Asset Division, Non Disclosure, Add Back of Dissipated Assets, Litigation Conduct, Cryptocurrency Disclosure, Clean Break, Legal Costs
Family Law Financial Remedies Asset Division Non Disclosure Add Back of Dissipated Assets Litigation Conduct Cryptocurrency Disclosure Clean Break +1 more

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Parties

DH

Applicant

RH

Respondent

Procedural Posture

Financial Remedy Proceedings (divorce) / Final Judgment

Legal Issues

  1. 1 What constitutes the matrimonial assets available for distribution?
  2. 2 Has there been material non-disclosure of assets by the husband?
  3. 3 Should an add back be applied for reckless expenditure on legal costs?

Ratio Decidendi

The court found no sufficient evidential basis for the wife's allegations of large-scale non-disclosure by the husband. The matrimonial assets are as set out in the husband's ES2, with an add back of £800,000 to the wife's side for reckless and disproportionate legal costs. The assets are to be divided broadly equally, with adjustments for the parties’ respective earning capacities and needs, and provision for the children’s tertiary education. The division achieves a clean break and is fair in all the circumstances.

Court Disposition

Final judgment; financial remedy order granted

Orders

  • 1 CDE Street, Wyoming to husband with mortgage and tax liability; 2 CDE Street, Wyoming to wife with mortgage and tax liability.
  • Each party to retain two units at Z Street, New York and associated tax liabilities.