MF v SF

MF v SF

The wife's allegations of conspiracy and collusion were speculative and unfounded. The husband's redundancy was genuine, loans were repayable, and the husband's shares in ABC 2011 Ltd must be valued by reference to net asset values. The wife's conduct in rejecting PM's earlier offer resulted in a loss to the family and justified an adjustment in the husband's favour. The wife's costs were grossly disproportionate and further adjustment was warranted. An equal division was discounted to reflect these factors, resulting in the wife receiving £900,000 net capital resources, an equal pension share, and maintenance of £50,000 per year (reducing after 6 months), with maintenance terminating in...

Parties
Applicant: MF; Respondent: SF
Jurisdiction
England and Wales
Judgment Date
04 February 2015
Procedural Posture
Financial Remedy Application / Final Judgment
Outcome
Financial remedy granted with adjustments for conduct and costs.
Legal Topics
Financial Remedies, Division of Matrimonial Assets, Maintenance, Pension Sharing, Costs Orders
Family Law Financial Remedies Division of Matrimonial Assets Maintenance Pension Sharing Costs Orders

Case Brief

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Parties

MF

Applicant

SF

Respondent

Procedural Posture

Financial Remedy Application / Final Judgment

Legal Issues

  1. 1 Whether the husband's redundancy was genuine
  2. 2 Valuation of husband's shares in ABC 2011 Ltd
  3. 3 Repayability of loans from TS to husband/XPS

Ratio Decidendi

The wife's allegations of conspiracy and collusion were speculative and unfounded. The husband's redundancy was genuine, loans were repayable, and the husband's shares in ABC 2011 Ltd must be valued by reference to net asset values. The wife's conduct in rejecting PM's earlier offer resulted in a loss to the family and justified an adjustment in the husband's favour. The wife's costs were grossly disproportionate and further adjustment was warranted. An equal division was discounted to reflect these factors, resulting in the wife receiving £900,000 net capital resources, an equal pension share, and maintenance of £50,000 per year (reducing after 6 months), with maintenance terminating in...

Court Disposition

Financial remedy granted with adjustments for conduct and costs.

Orders

  • Wife to receive net capital resources of £900,000 after payment of liabilities
  • Husband to receive just over £1.3 million net capital resources