J v J

J v J

The assets are to be divided equally, subject to equalisation of the costs disparity and a symbolic costs penalty against the husband for litigation misconduct. The wife retains the matrimonial home, receives lump sums from the sale of business shares, and both parties' pensions are divided equally. Interim spousal support is ordered until the share sale, after which a clean break is imposed.

Parties
Applicant: J; Respondent: J
Jurisdiction
England and Wales
Judgment Date
06 November 2014
Procedural Posture
Ancillary Relief (financial Remedy) / Final Judgment
Outcome
Assets divided equally with costs equalisation and symbolic costs penalty; clean break imposed after sale of business shares.
Legal Topics
Ancillary Relief, Litigation Costs, Asset Division, Practice Directions, Clean Break, Spousal Support

Case Brief

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Parties

J

Applicant

J

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) / Final Judgment

  1. 1 Division of matrimonial assets
  2. 2 Treatment of litigation costs
  3. 3 Valuation of business interests

Ratio Decidendi

The assets are to be divided equally, subject to equalisation of the costs disparity and a symbolic costs penalty against the husband for litigation misconduct. The wife retains the matrimonial home, receives lump sums from the sale of business shares, and both parties' pensions are divided equally. Interim spousal support is ordered until the share sale, after which a clean break is imposed.

Court Disposition

Assets divided equally with costs equalisation and symbolic costs penalty; clean break imposed after sale of business shares.

Orders

  • Transfer of matrimonial home to wife.
  • Husband to pay lump sum of £250,000 to wife to discharge litigation loan.