S v S

S v S

The District Judge was plainly wrong in ring-fencing the wife's inherited assets and failing to analyse the effect of his order on the parties' needs. All assets, including inherited ones, must be available to cover requirements. Each party made equal contributions, and there is no justification to depart from equality. The appeal is allowed; assets and pensions will be split 50/50.

Parties
Husband: FES; Wife: JS
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Divorce/ancillary Relief Appeal / Appeal From District Judge's Order
Outcome
Appeal allowed; District Judge's order set aside.
Legal Topics
Division of Matrimonial Assets, Pension Sharing, Variation of Settlement, Prospective Inheritance, Clean Break, Trusts for Children
Family Law Division of Matrimonial Assets Pension Sharing Variation of Settlement Prospective Inheritance Clean Break Trusts for Children

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Parties

FES

Husband

JS

Wife

Procedural Posture

Divorce/ancillary Relief Appeal / Appeal From District Judge's Order

Legal Issues

  1. 1 Whether the District Judge erred in ring-fencing wife's inherited assets
  2. 2 Whether prospective inheritance should affect division of assets
  3. 3 Whether the division of assets was fair and non-discriminatory

Ratio Decidendi

The District Judge was plainly wrong in ring-fencing the wife's inherited assets and failing to analyse the effect of his order on the parties' needs. All assets, including inherited ones, must be available to cover requirements. Each party made equal contributions, and there is no justification to depart from equality. The appeal is allowed; assets and pensions will be split 50/50.

Court Disposition

Appeal allowed; District Judge's order set aside.

Orders

  • Assets and pensions to be divided equally (50/50) between husband and wife.
  • Periodical payments to wife at 4.5% net on outstanding lump sum from 9 September 2006.