P v P [2007] EWHC 2877 (Fam) (11 December 2007)

P v P [2007] EWHC 2877 (Fam) (11 December 2007)

The court held that the Wife should receive a fair share of the available resources, including assets held in trusts, with a proportionate division of employee benefit trusts and recognition of both parties' needs. The court found no significant non-disclosure by the Husband and determined that post-separation accruals did not justify a substantial departure from equality. The Wife's award was structured to meet her reasonable housing and income needs, with a focus on practicality and enforceability given the trust structures.

Citation
[2007] EWHC 2877 (Fam)
Parties
Applicant: P; Respondent: P
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment After Contested Hearing
Outcome
Ancillary relief granted; division of assets ordered as per judgment.
Legal Topics
Ancillary Relief, Financial Remedies, Trusts in Divorce, Post Separation Accrual, Disclosure Obligations, Needs and Sharing Principles
Family Law Ancillary Relief Financial Remedies Trusts in Divorce Post Separation Accrual Disclosure Obligations Needs and Sharing Principles

Case Brief

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Parties

P

Applicant

P

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment After Contested Hearing

Legal Issues

  1. 1 What is the appropriate division of marital and non-marital assets in ancillary relief?
  2. 2 How should assets held in trusts be treated in financial remedy proceedings?
  3. 3 Should post-separation accruals be shared equally?

Ratio Decidendi

The court held that the Wife should receive a fair share of the available resources, including assets held in trusts, with a proportionate division of employee benefit trusts and recognition of both parties' needs. The court found no significant non-disclosure by the Husband and determined that post-separation accruals did not justify a substantial departure from equality. The Wife's award was structured to meet her reasonable housing and income needs, with a focus on practicality and enforceability given the trust structures.

Court Disposition

Ancillary relief granted; division of assets ordered as per judgment.

Orders

  • Proportionate division of LPDFs (employee benefit trusts) between parties, each to receive a share in trust.
  • Wife to have control of PFLIT and property K, with implementation to be sought from Jersey court if necessary.