B v B

B v B

The District Judge’s decision to award the wife 40% of the net value of the shares upon realisation, rather than a lump sum based on present value, was justified by the unusual inability to transfer shares, the matrimonial origin of the asset, and the need to recognise both parties’ contributions. The exercise of...

Source-derived case information.

Parties
Appellant: Mr B; Respondent: Mrs B
Jurisdiction
England and Wales
Judgment Date
20 January 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Financial Relief, Division of Matrimonial Assets, Clean Break, Valuation of Shares, Post Separation Accrual
Family Law Financial Relief Division of Matrimonial Assets Clean Break Valuation of Shares Post Separation Accrual

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Parties

Mr B

Appellant

Mrs B

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the District Judge erred in ordering a percentage share of future realisation of shares rather than a lump sum based on present value
  2. 2 Whether the District Judge misapplied legal principles regarding valuation and division of assets acquired during marriage but realised post-separation
  3. 3 Whether the absence of a clean break was justified

Ratio Decidendi

The District Judge’s decision to award the wife 40% of the net value of the shares upon realisation, rather than a lump sum based on present value, was justified by the unusual inability to transfer shares, the matrimonial origin of the asset, and the need to recognise both parties’ contributions. The exercise of discretion was appropriate and not shown to be wrong.

Court Disposition

appeal dismissed

Orders

  • District Judge’s order upheld
  • Wife to receive 40% of net value of shares upon realisation