S v S

S v S

The marriage broke down in September 2021, not 2010. The assets should be divided broadly equally, with adjustments for certain post-separation earnings and employment-related payments. Capital gains tax will lie where it falls. Mrs S is entitled to a lump sum of £2.6 million and interest on her litigation and household expenses loan. Mr S must pay costs attributable to the date of separation issue and post-20 May 2023 costs, subject to assessment.

Parties
Applicant: Mrs S; Respondent: Mr S
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Financial Remedy Proceedings / Final Hearing and Judgment
Outcome
Lump sum awarded to applicant; costs order against respondent; clean break ordered.
Legal Topics
Financial Remedies, Division of Matrimonial Assets, Date of Separation, Clean Break, Costs Orders
Family Law Financial Remedies Division of Matrimonial Assets Date of Separation Clean Break Costs Orders

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Parties

Mrs S

Applicant

Mr S

Respondent

Procedural Posture

Financial Remedy Proceedings / Final Hearing and Judgment

Legal Issues

  1. 1 What is the appropriate date of separation for asset division?
  2. 2 How should matrimonial and non-matrimonial assets be distinguished and divided?
  3. 3 Should there be adjustments for capital gains tax and legal costs?

Ratio Decidendi

The marriage broke down in September 2021, not 2010. The assets should be divided broadly equally, with adjustments for certain post-separation earnings and employment-related payments. Capital gains tax will lie where it falls. Mrs S is entitled to a lump sum of £2.6 million and interest on her litigation and household expenses loan. Mr S must pay costs attributable to the date of separation issue and post-20 May 2023 costs, subject to assessment.

Court Disposition

Lump sum awarded to applicant; costs order against respondent; clean break ordered.

Orders

  • Mr S to pay Mrs S a lump sum of £2.6 million.
  • Mr S to pay interest on loans taken by Mrs S for litigation and living expenses.