DP v EP

DP v EP

The respondent (W) engaged in a sustained pattern of economic abuse and financial misconduct, exploiting the applicant's (H) illiteracy and trust, including the deliberate removal and dissipation of assets from the matrimonial pot. This conduct, which meets the statutory definition of economic abuse and the threshold for s 25(g) MCA 1973, justifies both the add-back of certain assets and a modest departure from equality in the division of assets, resulting in a 53:47 split in H's favour. The court also ordered W to pay 75% of H's post-9.6.22 costs, assessed on the standard basis.

Parties
Applicant: DP; Respondent: EP
Jurisdiction
England and Wales
Judgment Date
10 January 2023
Procedural Posture
Financial Remedy Proceedings / Final Judgment and Costs Determination
Outcome
Judgment for the applicant (H) with a 53:47 division of assets in his favour; costs order against respondent (W).
Legal Topics
Financial Remedies, Economic Abuse, Conduct in Financial Proceedings, Needs Principle, Asset Division, Add Back Jurisprudence, Domestic Abuse Act 2021, Section 25 Matrimonial Causes Act 1973
Family Law Financial Remedies Economic Abuse Conduct in Financial Proceedings Needs Principle Asset Division Add Back Jurisprudence Domestic Abuse Act 2021 +1 more

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Parties

DP

Applicant

EP

Respondent

Procedural Posture

Financial Remedy Proceedings / Final Judgment and Costs Determination

Legal Issues

  1. 1 Whether the respondent (W) engaged in economic abuse and financial misconduct justifying departure from equal division of assets
  2. 2 Whether certain assets should be added back to the matrimonial pot due to dissipation or concealment
  3. 3 Whether the applicant (H) is entitled to a greater share of assets due to the respondent's conduct

Ratio Decidendi

The respondent (W) engaged in a sustained pattern of economic abuse and financial misconduct, exploiting the applicant's (H) illiteracy and trust, including the deliberate removal and dissipation of assets from the matrimonial pot. This conduct, which meets the statutory definition of economic abuse and the threshold for s 25(g) MCA 1973, justifies both the add-back of certain assets and a modest departure from equality in the division of assets, resulting in a 53:47 split in H's favour. The court also ordered W to pay 75% of H's post-9.6.22 costs, assessed on the standard basis.

Court Disposition

Judgment for the applicant (H) with a 53:47 division of assets in his favour; costs order against respondent (W).

Orders

  • Assets to be divided 53% to H and 47% to W, with specific add-backs for dissipated assets.
  • Properties to be transferred or sold as set out in the judgment.