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
Summary, issues, holding and outcome
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Parties
S
Applicant
S
Respondent
Procedural Posture
Financial Provision / Final Judgment
Legal Issues
- 1 Whether assets are matrimonial or non-matrimonial
- 2 Appropriate division of assets
- 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
Full Case Text
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