JL v SL

JL v SL

The wife's inheritance of £465,000 and the husband's post-separation share proceeds of £586,334 are non-matrimonial property and excluded from the matrimonial pool. The remaining matrimonial property is divided equally. The husband's non-disclosure warrants an indemnity costs order against him. The division meets both parties' needs and achieves fairness.

Parties
Applicant: JL; Respondent: SL
Jurisdiction
England and Wales
Judgment Date
18 February 2015
Procedural Posture
Ancillary Relief (financial Remedy) / Judgment After Appeal and Rehearing
Outcome
Appeal allowed; assets divided as per judgment; costs awarded to wife.
Legal Topics
Ancillary Relief, Matrimonial Property, Non Matrimonial Property, Post Separation Accrual, Disclosure, Costs
Family Law Ancillary Relief Matrimonial Property Non Matrimonial Property Post Separation Accrual Disclosure Costs

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Parties

JL

Applicant

SL

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) / Judgment After Appeal and Rehearing

Legal Issues

  1. 1 How should the wife's inheritance and the husband's post-separation accrual be treated in the division of assets?
  2. 2 What is the fair division of matrimonial and non-matrimonial property?
  3. 3 What are the consequences of the husband's non-disclosure?

Ratio Decidendi

The wife's inheritance of £465,000 and the husband's post-separation share proceeds of £586,334 are non-matrimonial property and excluded from the matrimonial pool. The remaining matrimonial property is divided equally. The husband's non-disclosure warrants an indemnity costs order against him. The division meets both parties' needs and achieves fairness.

Court Disposition

Appeal allowed; assets divided as per judgment; costs awarded to wife.

Orders

  • Wife to receive £2,257,491 of non-pension assets plus £650,000 pension share and her inheritance of £465,000.
  • Husband to pay wife £256,828 within 14 days (including £85,000 costs at first instance and £15,000 appeal costs).