Haskell v Haskell [2020] EWFC 9 (13 February 2020)

Haskell v Haskell [2020] EWFC 9 (13 February 2020)

The wife's claim is determined solely on the basis of her needs, not sharing, due to the downturn in the husband's business and the existence of a post-nuptial agreement. The husband's resources, though currently illiquid, are substantial and likely to revive. The wife is awarded capital sums to meet her needs, with staged payments and provision for extension if the husband cannot pay on time, but the onus is on him to prove impossibility. Provision is made for the children, including the disabled child, and the husband is ordered to indemnify the wife for certain liabilities. All arrears under the interim order are remitted.

Citation
[2020] EWFC 9
Parties
Petitioner/applicant: Alesia Vladimirovna Haskell; Respondent: Preston Hampton Haskell
Jurisdiction
England and Wales
Judgment Date
13 February 2020
Procedural Posture
Financial Remedies Following Divorce / Final Judgment After Contested Hearing
Outcome
Financial remedy order in favour of wife; staged lump sum payments; child support and indemnities ordered; interim arrears remitted.
Legal Topics
Financial Remedies, Needs Principle, Interim Maintenance, Child Support, Enforcement of Orders, Trust Assets, International Assets, Clean Break, Section 25 Matrimonial Causes Act 1973
Family Law Financial Remedies Needs Principle Interim Maintenance Child Support Enforcement of Orders Trust Assets International Assets +2 more

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Parties

Alesia Vladimirovna Haskell

Petitioner/applicant

Preston Hampton Haskell

Respondent

Procedural Posture

Financial Remedies Following Divorce / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Appropriate financial remedy for wife following divorce
  2. 2 Assessment of husband's resources and liquidity
  3. 3 Application of needs principle versus sharing principle

Ratio Decidendi

The wife's claim is determined solely on the basis of her needs, not sharing, due to the downturn in the husband's business and the existence of a post-nuptial agreement. The husband's resources, though currently illiquid, are substantial and likely to revive. The wife is awarded capital sums to meet her needs, with staged payments and provision for extension if the husband cannot pay on time, but the onus is on him to prove impossibility. Provision is made for the children, including the disabled child, and the husband is ordered to indemnify the wife for certain liabilities. All arrears under the interim order are remitted.

Court Disposition

Financial remedy order in favour of wife; staged lump sum payments; child support and indemnities ordered; interim arrears remitted.

Orders

  • Husband to transfer to wife his 10% interest in Petrovsky Pereulok apartment (Moscow), its contents, and 100% interest in Moscow parking spaces, free of charges.
  • Wife retains her 100% interest in Fotieva St apartment (Moscow).