GS v L

GS v L

The Spanish post-nuptial agreement (CM) does not determine the division of assets because neither party had a full appreciation of its implications and its legal effect is unclear. The husband's pre-marital assets are not to be ring-fenced as they are required to meet the needs of the wife and children. The fair outcome is an equal division of liquid assets (excluding the husband's pension), with the wife retaining the Madrid property and receiving a lump sum to achieve a clean break. Spousal maintenance is capitalised for five years and no ongoing order is made. Addback and issue-based costs orders are refused as the criteria are not met.

Parties
Applicant: GS; Respondent: L
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment
Outcome
Final judgment for equal division of liquid assets with a clean break; Spanish post-nuptial agreement not enforced; no addback or issue-based costs order granted.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Post Nuptial Agreements, Needs Principle, Clean Break, Spousal Maintenance, Forum Shopping
Family Law Ancillary Relief Division of Matrimonial Assets Post Nuptial Agreements Needs Principle Clean Break Spousal Maintenance Forum Shopping

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Parties

GS

Applicant

L

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment

Legal Issues

  1. 1 Whether the Spanish post-nuptial agreement (CM) should determine the division of assets
  2. 2 Whether certain assets should be ring-fenced as non-matrimonial property
  3. 3 Appropriate division of assets and maintenance to meet the needs of the wife and children

Ratio Decidendi

The Spanish post-nuptial agreement (CM) does not determine the division of assets because neither party had a full appreciation of its implications and its legal effect is unclear. The husband's pre-marital assets are not to be ring-fenced as they are required to meet the needs of the wife and children. The fair outcome is an equal division of liquid assets (excluding the husband's pension), with the wife retaining the Madrid property and receiving a lump sum to achieve a clean break. Spousal maintenance is capitalised for five years and no ongoing order is made. Addback and issue-based costs orders are refused as the criteria are not met.

Court Disposition

Final judgment for equal division of liquid assets with a clean break; Spanish post-nuptial agreement not enforced; no addback or issue-based costs order granted.

Orders

  • Husband retains his pension absolutely.
  • Husband to transfer his interest in the Madrid property to the wife within 6 weeks, or wife may place a charge on the London flat.