K v L

K v L

Given the entirely inherited nature of the wife's wealth, the long but modest marriage, and the absence of any intermingling or joint contribution to the assets, fairness is achieved by meeting the husband's needs fully and generously, without further sharing. The wife's offer of £5 million exceeds the husband's reasonable requirements and is fair in all the circumstances.

Parties
Applicant: K; Respondent: L
Jurisdiction
England and Wales
Judgment Date
13 May 2010
Procedural Posture
Ancillary Relief (financial Remedy) Application in Divorce / Final Judgment
Outcome
Application for ancillary relief granted in part; lump sum award made.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Inherited Wealth, Needs Principle, Sharing Principle, Matrimonial Causes Act Section 25
Family Law Ancillary Relief Division of Matrimonial Assets Inherited Wealth Needs Principle Sharing Principle Matrimonial Causes Act Section 25

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Parties

K

Applicant

L

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Application in Divorce / Final Judgment

Legal Issues

  1. 1 Appropriate treatment of inherited wealth in ancillary relief
  2. 2 Extent of sharing principle where assets are inherited and not matrimonial acquest
  3. 3 Assessment of reasonable needs of non-wealthy spouse

Ratio Decidendi

Given the entirely inherited nature of the wife's wealth, the long but modest marriage, and the absence of any intermingling or joint contribution to the assets, fairness is achieved by meeting the husband's needs fully and generously, without further sharing. The wife's offer of £5 million exceeds the husband's reasonable requirements and is fair in all the circumstances.

Court Disposition

Application for ancillary relief granted in part; lump sum award made.

Orders

  • Wife to pay husband a lump sum of £5 million (or as per agreed formula) offshore, in full and final settlement of his financial claims.
  • Wife to pay husband's reasonable legal costs of the ancillary relief application.