V v V

V v V

The judge erred in law by failing to give proper weight to the marriage settlement and other good reasons for departing from equality in the division of assets, and by not imposing a charge back (Mesher order) to reflect the husband's pre-acquired assets and the short marriage. The appeal succeeds and the court imposes a charge back of 35.83% on the wife's property to be paid to the husband upon trigger events, with adjustments for costs and a small additional payment to the wife.

Parties
Appellant: V; Respondent: V
Jurisdiction
England and Wales
Judgment Date
21 December 2011
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Financial Relief, Prenuptial Agreements, Division of Assets, Periodical Payments, Mesher Order, Autonomy in Marital Agreements
Family Law Financial Relief Prenuptial Agreements Division of Assets Periodical Payments Mesher Order Autonomy in Marital Agreements

Case Brief

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Parties

V

Appellant

V

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in law by failing to give proper weight to the marriage settlement (prenuptial agreement) in the division of assets
  2. 2 Whether a charge back (Mesher order) should be imposed on the property purchased by the wife with the lump sum
  3. 3 Application of Granatino v Radmacher to the weight of nuptial agreements

Ratio Decidendi

The judge erred in law by failing to give proper weight to the marriage settlement and other good reasons for departing from equality in the division of assets, and by not imposing a charge back (Mesher order) to reflect the husband's pre-acquired assets and the short marriage. The appeal succeeds and the court imposes a charge back of 35.83% on the wife's property to be paid to the husband upon trigger events, with adjustments for costs and a small additional payment to the wife.

Court Disposition

appeal allowed

Orders

  • Charge back (Mesher order) of 35.83% imposed on the wife's property, payable to the husband upon trigger events (cohabitation, vacation, remarriage, etc.)
  • Wife to pay £18,750 towards husband's costs of appeal, satisfied by increase in charge back percentage