JB v RB

JB v RB

The Wife, as primary carer of the dependent children, has greater housing and financial needs. Her claim for parental loans as hard loans is rejected; they are treated as soft loans. The business is not a divisible asset but an income stream. The Wife's housing needs can be met with £500,000, and spousal maintenance is capitalised at £60,000 for a clean break. The Wife receives £560,000 (61.45%) from the FFH proceeds. School fees for J are to be paid by the Husband until completion of A-levels. Chattels and the Mini Countryman are transferred to the Wife. No order as to costs, subject to further submissions.

Parties
Applicant: JB; Respondent: RB
Jurisdiction
England and Wales
Judgment Date
07 February 2025
Procedural Posture
Financial Remedies (matrimonial) / Final Judgment
Outcome
Final judgment; financial remedy order issued.
Legal Topics
Financial Remedies, Spousal Maintenance, Child Welfare, Division of Assets, Clean Break, School Fees, Soft Loans
Family Law Financial Remedies Spousal Maintenance Child Welfare Division of Assets Clean Break School Fees Soft Loans

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Parties

JB

Applicant

RB

Respondent

Procedural Posture

Financial Remedies (matrimonial) / Final Judgment

Legal Issues

  1. 1 Appropriate division of matrimonial assets
  2. 2 Assessment of spousal maintenance
  3. 3 Determination of housing needs

Ratio Decidendi

The Wife, as primary carer of the dependent children, has greater housing and financial needs. Her claim for parental loans as hard loans is rejected; they are treated as soft loans. The business is not a divisible asset but an income stream. The Wife's housing needs can be met with £500,000, and spousal maintenance is capitalised at £60,000 for a clean break. The Wife receives £560,000 (61.45%) from the FFH proceeds. School fees for J are to be paid by the Husband until completion of A-levels. Chattels and the Mini Countryman are transferred to the Wife. No order as to costs, subject to further submissions.

Court Disposition

Final judgment; financial remedy order issued.

Orders

  • FFH to be sold; Wife to receive £560,000 (61.45%) from proceeds; remainder to Husband; excess over £1m to be split equally.
  • Spousal maintenance capitalised at £60,000 for Wife (clean break).