DP v EP (Conduct; Economic Abuse; Needs) [2023] EWFC 6 (B) (10 January 2023)

DP v EP (Conduct; Economic Abuse; Needs) [2023] EWFC 6 (B) (10 January 2023)

The court found that the respondent (wife) engaged in a pattern of conduct amounting to economic abuse and asset dissipation, exploiting the applicant's (husband's) illiteracy and trust. Specific sums were found to have been deliberately removed from the matrimonial assets and were either still available to the respondent or should be added back to the asset pool. The court determined that, despite the respondent's conduct, the division of assets should primarily reflect the parties' needs, but with adjustments to account for the proven dissipation and breaches of trust. The final division was based on a revised asset schedule, with certain sums added back on the respondent's side, and a...

Citation
[2023] EWFC 6 (B)
Parties
Applicant: DP; Respondent: EP
Jurisdiction
England and Wales
Judgment Date
10 January 2023
Procedural Posture
Financial Remedy Proceedings / Final Judgment
Outcome
Final financial remedy order granted with adjustments for conduct and add-back; clean break between parties.
Legal Topics
Financial Remedies, Division of Assets, Conduct, Economic Abuse, Needs Principle, Add Back, Disclosure, Nullity
Family Law Financial Remedies Division of Assets Conduct Economic Abuse Needs Principle Add Back Disclosure +1 more

Case Brief

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Parties

DP

Applicant

EP

Respondent

Procedural Posture

Financial Remedy Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the respondent's conduct (including economic abuse and asset dissipation) should affect the division of matrimonial assets
  2. 2 Whether certain funds should be added back to the asset pool due to dissipation
  3. 3 Whether the applicant or respondent has undisclosed assets

Ratio Decidendi

The court found that the respondent (wife) engaged in a pattern of conduct amounting to economic abuse and asset dissipation, exploiting the applicant's (husband's) illiteracy and trust. Specific sums were found to have been deliberately removed from the matrimonial assets and were either still available to the respondent or should be added back to the asset pool. The court determined that, despite the respondent's conduct, the division of assets should primarily reflect the parties' needs, but with adjustments to account for the proven dissipation and breaches of trust. The final division was based on a revised asset schedule, with certain sums added back on the respondent's side, and a...

Court Disposition

Final financial remedy order granted with adjustments for conduct and add-back; clean break between parties.

Orders

  • Division of assets as per revised asset schedule: total assets £1,510,236, with adjustments for add-back and missing funds attributed to the respondent.
  • No spousal maintenance; clean break order.