H v H

H v H

The assets to which the yardstick of equality applies are those as at January 2005, marking the end of mutual support in the marital partnership. The wife is entitled to half of these assets plus a capitalised sum of £1.4 million to ease the transition to independent living, reflecting her contribution to the husband's enhanced earning capacity. The 2006 and 2007 bonuses are not included in the matrimonial property but are considered in the 'run off' award. Child maintenance is set at £18,000 per annum per child, excluding school and university fees, which the husband will pay directly.

Parties
Applicant: H; Respondent: H
Jurisdiction
England and Wales
Judgment Date
04 April 2007
Procedural Posture
Ancillary Relief Application Under Matrimonial Causes Act 1973 / Final Judgment
Outcome
Application granted in part; clean break effected.
Legal Topics
Ancillary Relief, Division of Matrimonial Property, Compensation for Relationship Generated Disadvantage, Clean Break, Child Maintenance
Family Law Ancillary Relief Division of Matrimonial Property Compensation for Relationship Generated Disadvantage Clean Break Child Maintenance

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Parties

H

Applicant

H

Respondent

Procedural Posture

Ancillary Relief Application Under Matrimonial Causes Act 1973 / Final Judgment

Legal Issues

  1. 1 Identification of matrimonial property for division
  2. 2 Entitlement to share of future earnings/bonuses
  3. 3 Compensation for loss of earning capacity

Ratio Decidendi

The assets to which the yardstick of equality applies are those as at January 2005, marking the end of mutual support in the marital partnership. The wife is entitled to half of these assets plus a capitalised sum of £1.4 million to ease the transition to independent living, reflecting her contribution to the husband's enhanced earning capacity. The 2006 and 2007 bonuses are not included in the matrimonial property but are considered in the 'run off' award. Child maintenance is set at £18,000 per annum per child, excluding school and university fees, which the husband will pay directly.

Court Disposition

Application granted in part; clean break effected.

Orders

  • Wife to receive half of assets as at January 2005, including 50/50 pension sharing order.
  • Wife awarded £1.4 million as capitalised sum for transition to independent living.