S, Re (Financial Provision - Application of Standish and the issue of costs) [2024] EWFC 436 (B) (15 October 2024)

S, Re (Financial Provision - Application of Standish and the issue of costs) [2024] EWFC 436 (B) (15 October 2024)

The only asset regarded as purely matrimonial is the former matrimonial home (FMH); all other significant assets are non-matrimonial, having been inherited or derived from the Applicant's family and kept separate. The FMH is to be sold and the net proceeds divided equally. The Applicant is awarded 75% of her post-FDR costs due to her reasonable open offer and the Respondent's unreasonable position.

Citation
[2024] EWFC 436 (B)
Parties
Applicant: S; Respondent: S
Jurisdiction
England and Wales
Judgment Date
15 October 2024
Procedural Posture
Financial Remedy Proceedings / Final Judgment
Outcome
Application granted in part; division of matrimonial home proceeds and costs order in favour of Applicant.
Legal Topics
Financial Provision, Matrimonial Assets, Non Matrimonial Assets, Costs, Division of Property, Inheritance, Section 25 Matrimonial Causes Act 1973
Family Law Financial Provision Matrimonial Assets Non Matrimonial Assets Costs Division of Property Inheritance Section 25 Matrimonial Causes Act 1973

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Parties

S

Applicant

S

Respondent

Procedural Posture

Financial Remedy Proceedings / Final Judgment

Legal Issues

  1. 1 Whether certain assets are matrimonial or non-matrimonial
  2. 2 Appropriate division of assets following divorce
  3. 3 Assessment of parties' needs

Ratio Decidendi

The only asset regarded as purely matrimonial is the former matrimonial home (FMH); all other significant assets are non-matrimonial, having been inherited or derived from the Applicant's family and kept separate. The FMH is to be sold and the net proceeds divided equally. The Applicant is awarded 75% of her post-FDR costs due to her reasonable open offer and the Respondent's unreasonable position.

Court Disposition

Application granted in part; division of matrimonial home proceeds and costs order in favour of Applicant.

Orders

  • The former matrimonial home is to be sold forthwith and the net proceeds divided equally between the parties.
  • Applicant is awarded 75% of her post-FDR costs, assessed at £109,500, payable by the Respondent.