WG v HG

WG v HG

The wife's claim is determined strictly on a needs basis, not sharing. The court awards a lump sum for housing (£1.65 million), capitalised maintenance (£2 million), and partial costs (£400,000), totalling £4.05 million, reflecting the wife's reasonable needs, her disability, and the husband's ability to pay. The court rejects full indemnity for costs and excessive claims, emphasising litigation consequences and the necessity for fair, proportionate provision.

Parties
Applicant: WG; Respondent: HG
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Financial Provision (matrimonial) / Final Hearing and Judgment
Outcome
Application granted in part; lump sum order for wife on clean break basis.
Legal Topics
Financial Provision, Matrimonial Property, Clean Break, Needs Assessment, Duxbury Fund, Costs, Housing Need, Cohabitation, Disability Impact
Family Law Financial Provision Matrimonial Property Clean Break Needs Assessment Duxbury Fund Costs Housing Need +2 more

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Parties

WG

Applicant

HG

Respondent

Procedural Posture

Financial Provision (matrimonial) / Final Hearing and Judgment

Legal Issues

  1. 1 Determination of financial provision for wife upon divorce
  2. 2 Assessment of wife's housing and income needs
  3. 3 Impact of wife's disability on financial needs

Ratio Decidendi

The wife's claim is determined strictly on a needs basis, not sharing. The court awards a lump sum for housing (£1.65 million), capitalised maintenance (£2 million), and partial costs (£400,000), totalling £4.05 million, reflecting the wife's reasonable needs, her disability, and the husband's ability to pay. The court rejects full indemnity for costs and excessive claims, emphasising litigation consequences and the necessity for fair, proportionate provision.

Court Disposition

Application granted in part; lump sum order for wife on clean break basis.

Orders

  • Husband to pay wife £4.05 million lump sum (housing, maintenance, partial costs)
  • Wife to transfer interests in specified properties to husband