VW v VWS & Ors.

VW v VWS & Ors.

The RWS Settlement is not a nuptial settlement within the meaning of s.24(1)(c) MCA 1973 and is not a resource available to H for the purposes of asset division. The matrimonial assets are to be divided based on needs and sharing, with W liable for the Trustees’ costs due to her unreasonable conduct and speculative claims.

Parties
Applicant: VW; Respondent: VWS; Second Respondents: EWS, PWS, JWS, K (Trustees of the RWS Settlement)
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Financial Remedy (divorce) / Final Judgment
Outcome
Financial remedy granted; Settlement variation application dismissed; costs order against W.
Legal Topics
Financial Relief, Variation of Settlement, Nuptial Settlement, Costs, Division of Assets
Family Law Financial Relief Variation of Settlement Nuptial Settlement Costs Division of Assets

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Parties

VW

Applicant

VWS

Respondent

EWS, PWS, JWS, K (Trustees of the RWS Settlement)

Second Respondents

Procedural Posture

Financial Remedy (divorce) / Final Judgment

Legal Issues

  1. 1 Is the RWS Settlement a nuptial settlement capable of variation under s.24(1)(c) Matrimonial Causes Act 1973?
  2. 2 Should the Settlement be treated as a resource available to the husband?
  3. 3 How should the matrimonial assets be divided?

Ratio Decidendi

The RWS Settlement is not a nuptial settlement within the meaning of s.24(1)(c) MCA 1973 and is not a resource available to H for the purposes of asset division. The matrimonial assets are to be divided based on needs and sharing, with W liable for the Trustees’ costs due to her unreasonable conduct and speculative claims.

Court Disposition

Financial remedy granted; Settlement variation application dismissed; costs order against W.

Orders

  • Former family home to be sold; net proceeds divided 90% to W, 10% to H, with repayment of debts and costs from W’s share.
  • Washington property to be sold; net proceeds divided 78.86% to H, 21.14% to W after taxes.