LFL v LSL (McKenzie Friends : breach of court orders) [2017] EWFC B62 (18 August 2017)

LFL v LSL (McKenzie Friends : breach of court orders) [2017] EWFC B62 (18 August 2017)

The husband's persistent non-disclosure and breach of court orders justified drawing adverse inferences and a departure from equality in asset division. The wife's needs, the mingling of some inheritance, and the husband's litigation misconduct warranted pension sharing orders and a costs order against the husband,...

Source-derived case information.

Citation
[2017] EWFC B62
Parties
Applicant: LFL; Respondent: LSL
Jurisdiction
England and Wales
Judgment Date
18 August 2017
Procedural Posture
Financial Remedies (ancillary Relief) / Final Hearing
Outcome
Application granted in substantial part for the applicant; orders made for asset division, pension sharing, and costs against the respondent.
Legal Topics
Financial Remedies, Ancillary Relief, Non Disclosure, Costs Orders, Pension Sharing, Division of Matrimonial Assets, Mc Kenzie Friends, Breach of Court Orders
Family Law Financial Remedies Ancillary Relief Non Disclosure Costs Orders Pension Sharing Division of Matrimonial Assets Mc Kenzie Friends +1 more

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Summary, issues, holding and outcome

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Parties

LFL

Applicant

LSL

Respondent

Procedural Posture

Financial Remedies (ancillary Relief) / Final Hearing

Legal Issues

  1. 1 Whether the parties' financial settlement document is binding
  2. 2 How to divide matrimonial and non-matrimonial assets
  3. 3 Impact of non-disclosure and litigation misconduct on outcome and costs

Ratio Decidendi

The husband's persistent non-disclosure and breach of court orders justified drawing adverse inferences and a departure from equality in asset division. The wife's needs, the mingling of some inheritance, and the husband's litigation misconduct warranted pension sharing orders and a costs order against the husband, with a clean break between the parties.

Court Disposition

Application granted in substantial part for the applicant; orders made for asset division, pension sharing, and costs against the respondent.

Orders

  • Former matrimonial home in Spain to be transferred to the husband outright (if not already solely owned)
  • Wife to retain her existing cash assets; husband to retain proceeds of joint account