L v L [2021] EWFC B83 (05 October 2021)

L v L [2021] EWFC B83 (05 October 2021)

On the facts, fairness requires equal division of the fixed wealth between Mr and Mrs L, as reflected in the restructuring and their equal shareholdings, with no adjustment for Mr L's pre-marital contribution. The dynastic nature of the arrangements and the parties' intentions at restructuring support this outcome. Costs consequences are to reflect Mr L's litigation misconduct in denying Mrs L access to joint funds for legal costs.

Citation
[2021] EWFC B83
Parties
Applicant: Mrs L; Respondent: Mr L
Jurisdiction
England and Wales
Judgment Date
05 October 2021
Procedural Posture
Financial Remedy Within Divorce Proceedings / Final Hearing
Outcome
Equal division of fixed wealth between Mr and Mrs L; clean break; costs consequences to reflect litigation loan issue.
Legal Topics
Financial Relief, Division of Matrimonial Assets, Clean Break, Matrimonial and Non Matrimonial Property, Costs in Financial Remedy Proceedings
Family Law Financial Relief Division of Matrimonial Assets Clean Break Matrimonial and Non Matrimonial Property Costs in Financial Remedy Proceedings

Case Brief

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Parties

Mrs L

Applicant

Mr L

Respondent

Procedural Posture

Financial Remedy Within Divorce Proceedings / Final Hearing

Legal Issues

  1. 1 Whether Mr L should receive a greater share of wealth due to pre-marital business assets
  2. 2 How to treat the restructuring of the business and its impact on asset division
  3. 3 Appropriate treatment of costs and litigation loans

Ratio Decidendi

On the facts, fairness requires equal division of the fixed wealth between Mr and Mrs L, as reflected in the restructuring and their equal shareholdings, with no adjustment for Mr L's pre-marital contribution. The dynastic nature of the arrangements and the parties' intentions at restructuring support this outcome. Costs consequences are to reflect Mr L's litigation misconduct in denying Mrs L access to joint funds for legal costs.

Court Disposition

Equal division of fixed wealth between Mr and Mrs L; clean break; costs consequences to reflect litigation loan issue.

Orders

  • Mrs L to retain family home at agreed valuation less 1.25% notional sale costs.
  • Parcel of land to be transferred to Mrs L.