TT v CDS

TT v CDS

The business (AM) is to be transferred to W to ensure provision for the children, given H's conduct and inability to work with W. Assets are divided to meet needs, not equality, with W receiving the business, certain properties, and a lump sum, and H retaining other properties and liabilities. Conduct and children's...

Source-derived case information.

Parties
Applicant: TT; Respondent: CDS
Jurisdiction
England and Wales
Judgment Date
20 December 2019
Procedural Posture
Financial Remedy Proceedings (divorce) / Final Judgment
Outcome
Final judgment; financial remedy orders granted.
Legal Topics
Financial Remedies, Division of Matrimonial Assets, Children's Welfare, Conduct in Divorce Proceedings
Family Law Financial Remedies Division of Matrimonial Assets Children's Welfare Conduct in Divorce Proceedings

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Parties

TT

Applicant

CDS

Respondent

Procedural Posture

Financial Remedy Proceedings (divorce) / Final Judgment

Legal Issues

  1. 1 How should the matrimonial assets be divided between the parties?
  2. 2 Should conduct affect the financial outcome?
  3. 3 What provision should be made for the children?

Ratio Decidendi

The business (AM) is to be transferred to W to ensure provision for the children, given H's conduct and inability to work with W. Assets are divided to meet needs, not equality, with W receiving the business, certain properties, and a lump sum, and H retaining other properties and liabilities. Conduct and children's welfare justify departure from equality.

Court Disposition

Final judgment; financial remedy orders granted.

Orders

  • AM business transferred to W; W retains 43 and 44 GSH, cabana, and receives £250,000 lump sum secured on Miami property.
  • H retains 16 GSH, Miami property, and PJM investment.