C, Re

C, Re

The District Judge was plainly wrong in dividing the illiquid assets on a 50/50 basis without proper consideration of the wife's substantial trust income stream, which rendered such division unfair. The appeal succeeds and the lump sum award is adjusted accordingly.

Source-derived case information.

Parties
Applicant: Husband; Respondent: Wife
Jurisdiction
England and Wales
Judgment Date
15 June 2007
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Trust Assets, Appeal From District Judge, Matrimonial Home, Pensions, Business Assets
Family Law Ancillary Relief Division of Matrimonial Assets Trust Assets Appeal From District Judge Matrimonial Home Pensions Business Assets

Source-derived case record

Summary, issues, holding and outcome

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Parties

Husband

Applicant

Wife

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the District Judge erred in dividing illiquid assets on a 50/50 basis given the wife's substantial trust income
  2. 2 Whether the District Judge failed to properly account for the wife's income stream from trusts
  3. 3 Whether the District Judge made appropriate findings on asset valuations and costs

Ratio Decidendi

The District Judge was plainly wrong in dividing the illiquid assets on a 50/50 basis without proper consideration of the wife's substantial trust income stream, which rendered such division unfair. The appeal succeeds and the lump sum award is adjusted accordingly.

Court Disposition

appeal allowed in part

Orders

  • The lump sum payable to the husband is adjusted to £250,000.
  • Updated asset schedule is adopted reflecting current valuations.