FS v JS [2006] EWHC 2793 (Fam) (10 November 2006)

FS v JS [2006] EWHC 2793 (Fam) (10 November 2006)

The assets acquired by the Respondent before the marriage and retained in his name are non-matrimonial property and excluded from equal division. Assets acquired during the marriage, including those purchased with proceeds of pre-marital assets or pension funds, are matrimonial property and subject to division. The Applicant made non-financial contributions as homemaker and carer, but the Respondent's substantial pre-marital financial contribution is recognised. The Respondent's conduct, though criminal, is not so exceptional as to justify a departure from the ordinary approach to division. A clean break is appropriate, with the Applicant receiving a lump sum and the matrimonial home, and...

Citation
[2006] EWHC 2793
Parties
Applicant: FS; Respondent: JS
Jurisdiction
England and Wales
Judgment Date
10 November 2006
Procedural Posture
Financial Remedy Proceedings (ancillary Relief) Following Divorce / Final Judgment
Outcome
Application granted in part; assets divided with recognition of non-matrimonial property and clean break ordered.
Legal Topics
Ancillary Relief, Financial Provision, Division of Assets, Non Matrimonial Property, Conduct in Financial Provision, Needs and Compensation, Clean Break, Pension Sharing
Family Law Ancillary Relief Financial Provision Division of Assets Non Matrimonial Property Conduct in Financial Provision Needs and Compensation Clean Break +1 more

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Parties

FS

Applicant

JS

Respondent

Procedural Posture

Financial Remedy Proceedings (ancillary Relief) Following Divorce / Final Judgment

Legal Issues

  1. 1 How should the assets of the parties be divided on divorce, considering the source of assets, contributions, conduct, and needs?
  2. 2 What constitutes matrimonial and non-matrimonial property?
  3. 3 Should conduct affect the financial award?

Ratio Decidendi

The assets acquired by the Respondent before the marriage and retained in his name are non-matrimonial property and excluded from equal division. Assets acquired during the marriage, including those purchased with proceeds of pre-marital assets or pension funds, are matrimonial property and subject to division. The Applicant made non-financial contributions as homemaker and carer, but the Respondent's substantial pre-marital financial contribution is recognised. The Respondent's conduct, though criminal, is not so exceptional as to justify a departure from the ordinary approach to division. A clean break is appropriate, with the Applicant receiving a lump sum and the matrimonial home, and...

Court Disposition

Application granted in part; assets divided with recognition of non-matrimonial property and clean break ordered.

Orders

  • Transfer of the matrimonial home to the Applicant, subject to mortgage being paid off by the Respondent.
  • Respondent to pay a lump sum to the Applicant reflecting her share of matrimonial assets, net of liabilities.