JB v MB

JB v MB

The applicant is entitled to 20% of the current value of the respondent's shareholding in Z Ltd, reflecting that 60% of the value is post-separation accrual and 40% is matrimonial asset to be shared equally. The applicant's total entitlement is calculated at £2.336m, just short of 25% of the total asset pot, which is fair given the circumstances, including delayed proceedings orchestrated by the respondent and reinvestment of profits. The applicant's needs are met by this award, including periodical payments and pension sharing.

Parties
Applicant: JB; Respondent: MB
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Financial Remedy Application Following Divorce / Final Hearing and Judgment
Outcome
Applicant awarded 20% of respondent's shareholding in Z Ltd, lump sum of £77,000, 50% of pension pot (adjusted), retention of current residence, periodical payments of £3,000 per month, child maintenance of £1,000 per month per child, and security to be agreed or determined by court.
Legal Topics
Financial Remedy, Division of Matrimonial and Non Matrimonial Assets, Post Separation Accrual, Pension Sharing, Spousal Maintenance
Family Law Financial Remedy Division of Matrimonial and Non Matrimonial Assets Post Separation Accrual Pension Sharing Spousal Maintenance

Case Brief

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Parties

JB

Applicant

MB

Respondent

Procedural Posture

Financial Remedy Application Following Divorce / Final Hearing and Judgment

Legal Issues

  1. 1 How to quantify and divide matrimonial and non-matrimonial assets, particularly post-separation accrual in shareholding
  2. 2 Assessment of spousal maintenance and pension sharing
  3. 3 Determination of applicant's entitlement to shareholding in Z Ltd

Ratio Decidendi

The applicant is entitled to 20% of the current value of the respondent's shareholding in Z Ltd, reflecting that 60% of the value is post-separation accrual and 40% is matrimonial asset to be shared equally. The applicant's total entitlement is calculated at £2.336m, just short of 25% of the total asset pot, which is fair given the circumstances, including delayed proceedings orchestrated by the respondent and reinvestment of profits. The applicant's needs are met by this award, including periodical payments and pension sharing.

Court Disposition

Applicant awarded 20% of respondent's shareholding in Z Ltd, lump sum of £77,000, 50% of pension pot (adjusted), retention of current residence, periodical payments of £3,000 per month, child maintenance of £1,000 per month per child, and security to be agreed or determined by court.

Orders

  • Applicant to retain 21 C Road property
  • Respondent to pay lump sum of £77,000 to applicant