WW v HW

WW v HW

Significant weight is given to the pre-nuptial agreement, which was freely entered into with full appreciation of its implications. The husband's needs are to be met but not generously, reflecting the agreement and his conduct, including his primary responsibility for the tax liabilities. The division of the...

Source-derived case information.

Parties
Applicant: WW; Respondent: HW
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Financial Remedy/divorce / Final Judgment
Outcome
Application for financial remedy determined; pre-nuptial agreement upheld with needs-based provision for HW.
Legal Topics
Pre Nuptial Agreements, Financial Remedies, Needs Assessment, Non Matrimonial Property, Tax Liability in Divorce
Family Law Pre Nuptial Agreements Financial Remedies Needs Assessment Non Matrimonial Property Tax Liability in Divorce

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Parties

WW

Applicant

HW

Respondent

Procedural Posture

Financial Remedy/divorce / Final Judgment

Legal Issues

  1. 1 What weight should be given to the parties' pre-nuptial agreement in determining financial remedies?
  2. 2 How should the husband's needs be assessed in light of the pre-nuptial agreement and his conduct?
  3. 3 Who bears responsibility for the tax liabilities arising from the $3m commission invoiced through the husband's company?

Ratio Decidendi

Significant weight is given to the pre-nuptial agreement, which was freely entered into with full appreciation of its implications. The husband's needs are to be met but not generously, reflecting the agreement and his conduct, including his primary responsibility for the tax liabilities. The division of the parties' home is based on their respective financial contributions (86% to WW, 14% to HW). The housing fund for HW is to be provided for life, with a step-down when the children reach adulthood, and a lump sum is awarded to meet his capitalised income needs.

Court Disposition

Application for financial remedy determined; pre-nuptial agreement upheld with needs-based provision for HW.

Orders

  • HW to receive a housing fund of £1.7m for life, subject to a step-down when the younger child turns 23, at which point 45% reverts to WW.
  • HW to receive a lump sum of £215,000 to meet capitalised income needs.