S (Financial Provision – Application of Standish and the issue of costs), Re

S (Financial Provision – Application of Standish and the issue of costs), Re

The only asset regarded as purely matrimonial is the former matrimonial home. All other assets are non-matrimonial, sourced from inheritance or Applicant's father's joint venture, with no evidence of Respondent's contribution. The matrimonial home is to be sold and proceeds divided equally. Applicant is awarded 75% of her post-FDR costs due to Respondent's unreasonable position and failure to accept a more generous open offer.

Parties
Applicant: S; Respondent: S
Jurisdiction
England and Wales
Judgment Date
25 March 2025
Procedural Posture
Financial Provision / Final Judgment
Outcome
Former matrimonial home to be sold and net proceeds divided equally. Applicant awarded 75% of her post-FDR costs.
Legal Topics
Financial Provision, Matrimonial Assets, Non Matrimonial Assets, Costs, Inheritance, Division of Property

Case Brief

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Parties

S

Applicant

S

Respondent

Procedural Posture

Financial Provision / Final Judgment

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

Ratio Decidendi

The only asset regarded as purely matrimonial is the former matrimonial home. All other assets are non-matrimonial, sourced from inheritance or Applicant's father's joint venture, with no evidence of Respondent's contribution. The matrimonial home is to be sold and proceeds divided equally. Applicant is awarded 75% of her post-FDR costs due to Respondent's unreasonable position and failure to accept a more generous open offer.

Court Disposition

Former matrimonial home to be sold and net proceeds divided equally. Applicant awarded 75% of her post-FDR costs.

Orders

  • Former matrimonial home to be sold forthwith
  • Net proceeds to be divided 50-50 between Applicant and Respondent