Q v Q

Q v Q

The capital assets are to be divided equally between the parties. The wife is to receive 40% of the husband's net income for four years, which includes maintenance for herself and the children, with periodical payments for each child set at £20,000 per annum. This arrangement is designed to facilitate a clean break at the end of the term, taking into account the parties' respective contributions, earning capacities, and the likelihood of the husband's income declining. The court rejected both the wife's claim for 50% and the husband's proposal of 37.5%, finding 40% to be fair and just in all the circumstances.

Parties
Petitioner: Q; Respondent: Q
Jurisdiction
England and Wales
Judgment Date
18 March 2005
Procedural Posture
Divorce/ancillary Relief / Final Judgment on Financial Remedies
Outcome
Final orders on capital division and periodical payments granted; directions for clean break after four years, subject to conditions.
Legal Topics
Ancillary Relief, Division of Assets, Spousal Maintenance, Child Maintenance, Clean Break, Matrimonial Causes Act 1973
Family Law Ancillary Relief Division of Assets Spousal Maintenance Child Maintenance Clean Break Matrimonial Causes Act 1973

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Parties

Q

Petitioner

Q

Respondent

Procedural Posture

Divorce/ancillary Relief / Final Judgment on Financial Remedies

Legal Issues

  1. 1 How should the parties' capital assets be divided?
  2. 2 What is the appropriate level and duration of periodical payments for the wife and children?
  3. 3 What proportion of the husband's surplus income should be paid to the wife?

Ratio Decidendi

The capital assets are to be divided equally between the parties. The wife is to receive 40% of the husband's net income for four years, which includes maintenance for herself and the children, with periodical payments for each child set at £20,000 per annum. This arrangement is designed to facilitate a clean break at the end of the term, taking into account the parties' respective contributions, earning capacities, and the likelihood of the husband's income declining. The court rejected both the wife's claim for 50% and the husband's proposal of 37.5%, finding 40% to be fair and just in all the circumstances.

Court Disposition

Final orders on capital division and periodical payments granted; directions for clean break after four years, subject to conditions.

Orders

  • Equal division of capital assets as per the schedule in the judgment.
  • Wife to receive 40% of husband's net income for four years, including £120,000 per annum for herself and £20,000 per annum per child.