SK vTK
There was no special contribution, no significant pre-marital assets, and the risk associated with Limelight did not justify departure from equality. All assets were accrued during the marriage through equal contributions. The correct approach was an equal division of net assets on a clean break basis, with the husband retaining Limelight at a conservative valuation and the wife receiving a lump sum to achieve parity. School and university fees are to be shared equally, and the husband is to pay £10,000 per annum per child in periodical payments.
- Parties
- Applicant: SK; Respondent: TK
- Jurisdiction
- England and Wales
- Judgment Date
- 11 April 2013
- Procedural Posture
- Financial Remedies Application (divorce) / Final Judgment
- Outcome
- Equal division of net assets on a clean break basis; orders for child maintenance and sharing of educational costs.
- Legal Topics
- Financial Remedies, Division of Matrimonial Assets, Clean Break Order, Child Maintenance, Valuation of Business Assets, Special Contribution, Pre Marital Assets, Risk in Asset Division
Case Brief
Summary, issues, holding and outcome
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Parties
SK
Applicant
TK
Respondent
Procedural Posture
Financial Remedies Application (divorce) / Final Judgment
Legal Issues
- 1 Valuation of Limelight Ltd and division of shares
- 2 Whether the husband made a special contribution justifying departure from equality
- 3 Treatment of husband's interest in Vision as pre-marital contribution
Ratio Decidendi
There was no special contribution, no significant pre-marital assets, and the risk associated with Limelight did not justify departure from equality. All assets were accrued during the marriage through equal contributions. The correct approach was an equal division of net assets on a clean break basis, with the husband retaining Limelight at a conservative valuation and the wife receiving a lump sum to achieve parity. School and university fees are to be shared equally, and the husband is to pay £10,000 per annum per child in periodical payments.
Court Disposition
Equal division of net assets on a clean break basis; orders for child maintenance and sharing of educational costs.
Orders
- Wife to receive assets totalling £9,068,043, including her home, share of French chalet, investments, and a lump sum of £3,967,740 from the husband to achieve parity.
- Pension sharing order to achieve parity, giving wife a further £329,642.
Full Case Text
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