GW v RW

GW v RW

A departure from equality is justified due to the marriage's duration, H's pre-marital assets and earning capacity, and contributions during estrangement. W is awarded 40% of both realisable and deferred assets, with specific arrangements for sharing deferred assets. Child maintenance is set above CSA maximum, indexed, and paid in Australian dollars. No order as to costs, except for a lump sum adjustment reflecting partial indemnity for unreasonable conduct by both parties.

Parties
Petitioner: GW; Respondent: RW
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Divorce/ancillary Relief / Final Judgment on Ancillary Relief Application
Outcome
Ancillary relief granted with departure from equality; child maintenance awarded; costs order adjusted.
Legal Topics
Ancillary Relief, Asset Division, Child Maintenance, Costs
Family Law Ancillary Relief Asset Division Child Maintenance Costs

Case Brief

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Parties

GW

Petitioner

RW

Respondent

Procedural Posture

Divorce/ancillary Relief / Final Judgment on Ancillary Relief Application

Legal Issues

  1. 1 Division of marital assets
  2. 2 Treatment of pre-marital assets and contributions
  3. 3 Calculation of child maintenance

Ratio Decidendi

A departure from equality is justified due to the marriage's duration, H's pre-marital assets and earning capacity, and contributions during estrangement. W is awarded 40% of both realisable and deferred assets, with specific arrangements for sharing deferred assets. Child maintenance is set above CSA maximum, indexed, and paid in Australian dollars. No order as to costs, except for a lump sum adjustment reflecting partial indemnity for unreasonable conduct by both parties.

Court Disposition

Ancillary relief granted with departure from equality; child maintenance awarded; costs order adjusted.

Orders

  • W awarded 40% of realisable and deferred assets.
  • W to receive 40% of deferred assets annually as realised by H, with arrangements for disclosure and administration.