CG v SG

CG v SG

The court found that the majority of the assets were matrimonial and should be divided equally, but certain investments and trust interests acquired or arising post-separation were non-matrimonial. The husband's business (G LLP) was valued at distributable profits only, not as an ongoing enterprise, due to its...

Source-derived case information.

Parties
Respondent: CG; Applicant: SG
Jurisdiction
England and Wales
Judgment Date
13 March 2023
Procedural Posture
Financial Remedies Proceedings (divorce) / Final Judgment and Supplemental Judgment
Outcome
Final orders made for division of assets, lump sum payments, clean break, and anonymised publication; no order as to costs.
Legal Topics
Financial Remedies, Division of Matrimonial and Non Matrimonial Property, Valuation of Business Interests, Clean Break Orders, Costs in Financial Remedy Proceedings, Confidentiality and Publication of Judgments
Family Law Financial Remedies Division of Matrimonial and Non Matrimonial Property Valuation of Business Interests Clean Break Orders Costs in Financial Remedy Proceedings Confidentiality and Publication of Judgments

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Parties

CG

Respondent

SG

Applicant

Procedural Posture

Financial Remedies Proceedings (divorce) / Final Judgment and Supplemental Judgment

Legal Issues

  1. 1 How should the matrimonial and non-matrimonial assets be identified and divided?
  2. 2 What is the appropriate valuation of the husband's business interest in G LLP?
  3. 3 Should there be a clean break or ongoing financial obligations?

Ratio Decidendi

The court found that the majority of the assets were matrimonial and should be divided equally, but certain investments and trust interests acquired or arising post-separation were non-matrimonial. The husband's business (G LLP) was valued at distributable profits only, not as an ongoing enterprise, due to its dependence on his personal skills. An equalising lump sum and additional payment were ordered to achieve a fair division. No order as to costs was made, as the wife's reliance on her expert was not unreasonable. The judgment was to be anonymised for publication.

Court Disposition

Final orders made for division of assets, lump sum payments, clean break, and anonymised publication; no order as to costs.

Orders

  • FMH (family home) transferred to husband, with mortgage responsibility and release of wife's name within 12 months; order for sale in default.
  • Y property transferred to wife, with mortgage redeemed and tax paid by husband; lump sum for tax with reconciliation formula.