KFK v DQD

KFK v DQD

Neither party was fully credible or transparent, but on the balance of probabilities, the wife failed to prove she was not a beneficial owner of a quarter share of [Eastacre One], and the 2009 agreement was not accepted as authentic. The husband’s claims of loans to his parents and lack of resources were not accepted. The net proceeds of the UK property ([Flatacre]) are to be divided 64/36 in the husband’s favour, after clearing service charge arrears, on a clean break basis, reflecting both parties’ needs and available resources. Both parties retain their personal chattels. No order as to costs due to mutual litigation conduct.

Parties
Applicant: KFK; Respondent: DQD
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Financial Remedy (matrimonial) / Final Judgment
Outcome
Final order for sale and division of property; clean break; no order as to costs
Legal Topics
Financial Remedies, Non Disclosure, Beneficial Ownership, Division of Matrimonial Assets, Clean Break, Loans and Gifts From Family, Needs Based Division
Family Law Financial Remedies Non Disclosure Beneficial Ownership Division of Matrimonial Assets Clean Break Loans and Gifts From Family Needs Based Division

Case Brief

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Parties

KFK

Applicant

DQD

Respondent

Procedural Posture

Financial Remedy (matrimonial) / Final Judgment

Legal Issues

  1. 1 Whether the wife retained and failed to disclose her share of the sale proceeds from [Eastacre One]
  2. 2 Whether the wife was deliberately misleading about her interest in [Eastacre Two]
  3. 3 Whether the wife has undisclosed assets from her first divorce

Ratio Decidendi

Neither party was fully credible or transparent, but on the balance of probabilities, the wife failed to prove she was not a beneficial owner of a quarter share of [Eastacre One], and the 2009 agreement was not accepted as authentic. The husband’s claims of loans to his parents and lack of resources were not accepted. The net proceeds of the UK property ([Flatacre]) are to be divided 64/36 in the husband’s favour, after clearing service charge arrears, on a clean break basis, reflecting both parties’ needs and available resources. Both parties retain their personal chattels. No order as to costs due to mutual litigation conduct.

Court Disposition

Final order for sale and division of property; clean break; no order as to costs

Orders

  • [Flatacre] to be sold; net proceeds (after service charge arrears) divided 64% to husband, 36% to wife
  • Clean break in life and death upon compliance with the order