RC v JC

RC v JC

The Wife suffered relationship generated disadvantage by giving up her legal career with the Husband's support, justifying compensation. All assets are matrimonial and should be divided equally, with a modest additional award for compensation. A clean break is appropriate given the asset base and to avoid further litigation.

Parties
Applicant: RC; Respondent: JC
Jurisdiction
England and Wales
Judgment Date
25 February 2020
Procedural Posture
Cross Applications for Financial Provision Following Marriage Breakdown / Final Judgment
Outcome
Assets divided equally with additional compensation to the Wife; clean break ordered; child maintenance and school fees ordered.
Legal Topics
Financial Provision, Relationship Generated Disadvantage, Division of Matrimonial Assets, Spousal Maintenance, Child Maintenance, Clean Break, Compensation
Family Law Financial Provision Relationship Generated Disadvantage Division of Matrimonial Assets Spousal Maintenance Child Maintenance Clean Break Compensation

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Parties

RC

Applicant

JC

Respondent

Procedural Posture

Cross Applications for Financial Provision Following Marriage Breakdown / Final Judgment

Legal Issues

  1. 1 Whether the Wife suffered relationship generated disadvantage justifying compensation
  2. 2 Appropriate division of matrimonial assets
  3. 3 Assessment of Wife's earning capacity and health

Ratio Decidendi

The Wife suffered relationship generated disadvantage by giving up her legal career with the Husband's support, justifying compensation. All assets are matrimonial and should be divided equally, with a modest additional award for compensation. A clean break is appropriate given the asset base and to avoid further litigation.

Court Disposition

Assets divided equally with additional compensation to the Wife; clean break ordered; child maintenance and school fees ordered.

Orders

  • Sale of matrimonial home and division of proceeds: 65.65% to Wife, 34.35% to Husband
  • Lump sum of £827,008 to Wife from sale proceeds