WS v WS

WS v WS

Option B, involving sale and equal division of main assets and a lump sum payment to offset pension disparity, is fairer and more practical given the parties' circumstances and the lack of reliable methodology for pension offsetting; Duxbury calculation is preferred for offsetting and £425,000 is appropriate.

Parties
Applicant: WS; Respondent: WS
Jurisdiction
England and Wales
Judgment Date
11 December 2015
Procedural Posture
Financial Remedy Application Under Matrimonial Causes Act 1973 / Final Judgment
Outcome
Option B adopted; draft order approved; assets to be sold and proceeds divided equally; lump sum payment for pension offsetting ordered.
Legal Topics
Financial Remedies, Pension Offsetting, Clean Break, Division of Matrimonial Property
Family Law Financial Remedies Pension Offsetting Clean Break Division of Matrimonial Property

Case Brief

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Parties

WS

Applicant

WS

Respondent

Procedural Posture

Financial Remedy Application Under Matrimonial Causes Act 1973 / Final Judgment

Legal Issues

  1. 1 Appropriate division of matrimonial assets
  2. 2 Methodology for pension offsetting
  3. 3 Whether to order sale or retention of main assets

Ratio Decidendi

Option B, involving sale and equal division of main assets and a lump sum payment to offset pension disparity, is fairer and more practical given the parties' circumstances and the lack of reliable methodology for pension offsetting; Duxbury calculation is preferred for offsetting and £425,000 is appropriate.

Court Disposition

Option B adopted; draft order approved; assets to be sold and proceeds divided equally; lump sum payment for pension offsetting ordered.

Orders

  • Sale and equal division of High Trees Farm, CDP Ltd, and other properties
  • Wife to pay husband lump sum of £425,000 for pension offsetting