P v Q (Financial Remedies) [2022] EWFC B9 (10 February 2022)

P v Q (Financial Remedies) [2022] EWFC B9 (10 February 2022)

A fair outcome requires equal division of realisable and pension assets, taking into account asset risk, liquidity, and the soft nature of family loans. The London family home is transferred to the wife, with mortgage release or sale, the husband receives the German rental deposit, the wife transfers 20,000 Y Ltd...

Source-derived case information.

Citation
[2022] EWFC B9
Parties
Applicant: P; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
10 February 2022
Procedural Posture
Financial Remedies / Final Hearing
Outcome
Financial remedy order granted; assets divided equally.
Legal Topics
Financial Remedies, Division of Assets, Matrimonial Property, Pension Sharing, Spousal Maintenance, Child Support, Soft and Hard Loans, Asset Risk and Liquidity
Family Law Financial Remedies Division of Assets Matrimonial Property Pension Sharing Spousal Maintenance Child Support Soft and Hard Loans +1 more

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Summary, issues, holding and outcome

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Parties

P

Applicant

Q

Respondent

Procedural Posture

Financial Remedies / Final Hearing

Legal Issues

  1. 1 Division of matrimonial assets
  2. 2 Treatment of family loans as soft or hard debts
  3. 3 Risk and liquidity of assets

Ratio Decidendi

A fair outcome requires equal division of realisable and pension assets, taking into account asset risk, liquidity, and the soft nature of family loans. The London family home is transferred to the wife, with mortgage release or sale, the husband receives the German rental deposit, the wife transfers 20,000 Y Ltd shares to the husband, a 50% pension sharing order is made, and a clean break is effected. Chattels are divided equally.

Court Disposition

Financial remedy order granted; assets divided equally.

Orders

  • London family home transferred to wife; mortgage release or sale within two years with proceeds to wife.
  • Husband to take over German property rental; wife to transfer deposit rights (£6,651) to husband; husband to indemnify wife against rental liabilities.