FRB v DCA (No. 2)

FRB v DCA (No. 2)

The court found the husband's disclosure to be seriously deficient and rejected his claims of family clawback arrangements. The assets were assessed on the basis of available evidence, with a 25% deduction for non-matrimonial property. The wife's conduct in concealing the child's paternity was egregious but did not justify a reduction in her sharing award due to the husband's non-disclosure and existence of undisclosed assets. The wife was awarded half the marital acquest, with the matrimonial home transferred to her and a lump sum to achieve equality.

Parties
Applicant: FRB; Respondent: DCA
Jurisdiction
England and Wales
Judgment Date
30 March 2020
Procedural Posture
Financial Remedy Proceedings (matrimonial) / Final Judgment After Trial
Outcome
Final financial remedy order granted; division of assets ordered.
Legal Topics
Financial Remedies, Matrimonial Property, Non Disclosure, Conduct in Financial Proceedings, Child Maintenance
Family Law Financial Remedies Matrimonial Property Non Disclosure Conduct in Financial Proceedings Child Maintenance

Case Brief

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Parties

FRB

Applicant

DCA

Respondent

Procedural Posture

Financial Remedy Proceedings (matrimonial) / Final Judgment After Trial

Legal Issues

  1. 1 Assessment and division of matrimonial and non-matrimonial assets
  2. 2 Impact of non-disclosure on financial remedy award
  3. 3 Effect of wife's conduct (concealment of child's paternity) on award

Ratio Decidendi

The court found the husband's disclosure to be seriously deficient and rejected his claims of family clawback arrangements. The assets were assessed on the basis of available evidence, with a 25% deduction for non-matrimonial property. The wife's conduct in concealing the child's paternity was egregious but did not justify a reduction in her sharing award due to the husband's non-disclosure and existence of undisclosed assets. The wife was awarded half the marital acquest, with the matrimonial home transferred to her and a lump sum to achieve equality.

Court Disposition

Final financial remedy order granted; division of assets ordered.

Orders

  • Transfer of the matrimonial home and mews property (valued at £15m) to the wife free of charge.
  • Lump sum payment of £49m to the wife (subject to further directions on liquidity and asset transfer).