H v H [2007] EWHC 459 (Fam) (04 April 2007)

H v H [2007] EWHC 459 (Fam) (04 April 2007)

The court held that the 2006 bonus should be included as matrimonial property subject to equal division, but the 2007 bonus, relating to post-separation efforts, should not be included in the matrimonial property for equal sharing. The wife's claim for additional compensation for loss of future share in the husband's income was rejected, as her needs and fair share were met by the capital division. The approach must be flexible, fact-specific, and avoid rigid formulae or arbitrary cut-off dates.

Citation
[2007] EWHC 459 (Fam)
Parties
Applicant: H; Respondent: H
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Ancillary Relief Application Under the Matrimonial Causes Act 1973 / Final Judgment After Contested Hearing
Outcome
Ancillary relief granted; equal division of matrimonial assets including the 2006 bonus but excluding the 2007 bonus; clean break achieved.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Bonuses as Matrimonial Property, Clean Break, Periodical Payments, Application of Miller & Mc Farlane Principles
Family Law Ancillary Relief Division of Matrimonial Assets Bonuses as Matrimonial Property Clean Break Periodical Payments Application of Miller & Mc Farlane Principles

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

H

Applicant

H

Respondent

Procedural Posture

Ancillary Relief Application Under the Matrimonial Causes Act 1973 / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether husband's bonuses for 2006 and 2007 should be included as matrimonial property subject to equal division
  2. 2 Whether wife is entitled to additional compensation for loss of future share in husband's income and earning capacity
  3. 3 Appropriate quantum and structure of financial provision for wife and children

Ratio Decidendi

The court held that the 2006 bonus should be included as matrimonial property subject to equal division, but the 2007 bonus, relating to post-separation efforts, should not be included in the matrimonial property for equal sharing. The wife's claim for additional compensation for loss of future share in the husband's income was rejected, as her needs and fair share were met by the capital division. The approach must be flexible, fact-specific, and avoid rigid formulae or arbitrary cut-off dates.

Court Disposition

Ancillary relief granted; equal division of matrimonial assets including the 2006 bonus but excluding the 2007 bonus; clean break achieved.

Orders

  • 50/50 division of matrimonial assets including the 2006 bonus
  • Exclusion of the 2007 bonus from matrimonial property subject to equal division