TM v KM

TM v KM

The wife made a clear relationship-generated sacrifice of her high-earning career to support the husband’s career and provide child-care, justifying a discrete compensation award. All assets, including disputed properties and pensions, are matrimonial and subject to equal sharing. The wife’s sharing claim exceeds her needs claim, so no additional provision is made for needs. A clean break is appropriate, with a lump sum to the wife reflecting both equalisation and compensation. Child maintenance is set at £50,000 per annum, with the husband to pay all school fees and university tuition fees to be determined in future.

Parties
Applicant: TM; Respondent: KM
Jurisdiction
England and Wales
Judgment Date
02 December 2022
Procedural Posture
Financial Remedies (divorce) / Final Judgment
Outcome
Final orders for capital division, compensation, pension sharing, child maintenance, and clean break; no order as to costs.
Legal Topics
Financial Remedies, Matrimonial Property, Compensation for Relationship Generated Disadvantage, Child Maintenance, Pension Sharing, Clean Break
Family Law Financial Remedies Matrimonial Property Compensation for Relationship Generated Disadvantage Child Maintenance Pension Sharing Clean Break

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Parties

TM

Applicant

KM

Respondent

Procedural Posture

Financial Remedies (divorce) / Final Judgment

Legal Issues

  1. 1 Whether the wife is entitled to a compensation award for relationship-generated disadvantage
  2. 2 Classification of assets as matrimonial or non-matrimonial property
  3. 3 Quantum and duration of child periodical payments

Ratio Decidendi

The wife made a clear relationship-generated sacrifice of her high-earning career to support the husband’s career and provide child-care, justifying a discrete compensation award. All assets, including disputed properties and pensions, are matrimonial and subject to equal sharing. The wife’s sharing claim exceeds her needs claim, so no additional provision is made for needs. A clean break is appropriate, with a lump sum to the wife reflecting both equalisation and compensation. Child maintenance is set at £50,000 per annum, with the husband to pay all school fees and university tuition fees to be determined in future.

Court Disposition

Final orders for capital division, compensation, pension sharing, child maintenance, and clean break; no order as to costs.

Orders

  • Transfer of American property to wife, wife to bear costs and tax consequences
  • Equal division of husband’s bank stock as realised