D v D

D v D

The court found that W did not establish, on the balance of probabilities, that H had failed to make full and frank disclosure of assets beyond two admitted tax avoidance transactions. Therefore, no uplift in W's share of the matrimonial home was justified. The assets, including trust assets, should be divided equally, with W receiving 33.33% of mandate run-offs. A £500,000 education fund for the children was ordered, and maintenance was set at £10,000 per annum per child, reduced to £5,000 during first degrees. Adjustments for legal costs and partnership drawings were made as specified.

Parties
Applicant: Mrs D; Respondent: Mr D
Jurisdiction
England and Wales
Judgment Date
02 March 2015
Procedural Posture
Financial Remedy Application (matrimonial) / Final Judgment
Outcome
Application for financial remedy orders granted with specified division of assets and orders.
Legal Topics
Financial Remedies, Non Disclosure, Division of Matrimonial Assets, Trusts, Post Separation Accrual, Children's Education Fund, Maintenance
Family Law Financial Remedies Non Disclosure Division of Matrimonial Assets Trusts Post Separation Accrual Children's Education Fund Maintenance

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Parties

Mrs D

Applicant

Mr D

Respondent

Procedural Posture

Financial Remedy Application (matrimonial) / Final Judgment

Legal Issues

  1. 1 Whether the Respondent (H) failed to make full and frank financial disclosure
  2. 2 How matrimonial assets, including mandate run-offs and trust assets, should be divided
  3. 3 Appropriate provision for children's education and maintenance

Ratio Decidendi

The court found that W did not establish, on the balance of probabilities, that H had failed to make full and frank disclosure of assets beyond two admitted tax avoidance transactions. Therefore, no uplift in W's share of the matrimonial home was justified. The assets, including trust assets, should be divided equally, with W receiving 33.33% of mandate run-offs. A £500,000 education fund for the children was ordered, and maintenance was set at £10,000 per annum per child, reduced to £5,000 during first degrees. Adjustments for legal costs and partnership drawings were made as specified.

Court Disposition

Application for financial remedy orders granted with specified division of assets and orders.

Orders

  • Equal division of trust and other matrimonial assets, with ring-fencing of W's inheritance
  • W to receive 33.33% of mandate run-off receipts, verified by joint accountant