ED v AP

ED v AP

The court applied the equal sharing principle to Category 1 matrimonial assets, transferring the family home to the wife and ordering an equalising lump sum to account for the husband's purchase costs. For contingent assets (private equity carry and related interests), the court determined the wife's share based on the extent of marital vs post-separation endeavour, awarding 50% of Fund A2 carry, 30% of Fund A3 carry, 50% of directly held Fund B1 carry, and 30% of Fund B1 carry via HMF/HC. The wife must undertake to reimburse 35% of any BN loan repayments, secured by a charge on the family home. Clean break ordered except for future contingent asset sharing and BN loan undertaking.

Parties
Applicant: ED; Respondent: AP
Jurisdiction
England and Wales
Judgment Date
21 November 2025
Procedural Posture
Financial Remedies Proceedings (divorce) / Final Judgment
Outcome
Financial remedies judgment; orders for asset division, lump sum, undertakings, and clean break.
Legal Topics
Financial Remedies, Division of Matrimonial Property, Private Equity Carry, Clean Break, Undertakings, Trusts, Disclosure Obligations
Family Law Financial Remedies Division of Matrimonial Property Private Equity Carry Clean Break Undertakings Trusts Disclosure Obligations

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Parties

ED

Applicant

AP

Respondent

Procedural Posture

Financial Remedies Proceedings (divorce) / Final Judgment

Legal Issues

  1. 1 Division of matrimonial assets
  2. 2 Treatment of contingent assets (private equity carry)
  3. 3 Treatment of discretionary trust assets

Ratio Decidendi

The court applied the equal sharing principle to Category 1 matrimonial assets, transferring the family home to the wife and ordering an equalising lump sum to account for the husband's purchase costs. For contingent assets (private equity carry and related interests), the court determined the wife's share based on the extent of marital vs post-separation endeavour, awarding 50% of Fund A2 carry, 30% of Fund A3 carry, 50% of directly held Fund B1 carry, and 30% of Fund B1 carry via HMF/HC. The wife must undertake to reimburse 35% of any BN loan repayments, secured by a charge on the family home. Clean break ordered except for future contingent asset sharing and BN loan undertaking.

Court Disposition

Financial remedies judgment; orders for asset division, lump sum, undertakings, and clean break.

Orders

  • Family home transferred to wife; division of chattels to be agreed or arbitrated.
  • Property B sold; net proceeds divided equally.