H v H

H v H

The wife's award is confined to her needs and the husband's ability to pay, given assets are held in trust. Judicious encouragement is given to trustees to provide funds for housing, maintenance, and lump sum, with the bulk of capital placed in a life interest trust for the wife and remainder to the child. Maintenance is set at £40,000 per annum, housing fund at £575,000, and lump sum at £55,000, all to be provided from the husband's trust resources.

Parties
Applicant: Jenni H; Respondent: Gary H
Jurisdiction
England and Wales
Judgment Date
14 May 2004
Procedural Posture
Divorce/ancillary Relief / Final Judgment
Outcome
Ancillary relief granted; orders for maintenance, housing fund, and lump sum.
Legal Topics
Ancillary Relief, Trust Assets, Child With Special Needs, Maintenance, Division of Assets
Family Law Ancillary Relief Trust Assets Child With Special Needs Maintenance Division of Assets

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Parties

Jenni H

Applicant

Gary H

Respondent

Procedural Posture

Divorce/ancillary Relief / Final Judgment

Legal Issues

  1. 1 Determination of ancillary relief for wife and child with special needs
  2. 2 Assessment of trust assets for division
  3. 3 Calculation of maintenance and lump sum

Ratio Decidendi

The wife's award is confined to her needs and the husband's ability to pay, given assets are held in trust. Judicious encouragement is given to trustees to provide funds for housing, maintenance, and lump sum, with the bulk of capital placed in a life interest trust for the wife and remainder to the child. Maintenance is set at £40,000 per annum, housing fund at £575,000, and lump sum at £55,000, all to be provided from the husband's trust resources.

Court Disposition

Ancillary relief granted; orders for maintenance, housing fund, and lump sum.

Orders

  • Monthly maintenance of £40,000 per annum to wife and child, index-linked.
  • Housing fund of £575,000 to be placed in a life interest trust for wife, remainder to Lewis.