XW v XH [2017] EWFC 76 (21 December 2017)

XW v XH [2017] EWFC 76 (21 December 2017)

The 'separazione dei beni' agreement signed at the Italian wedding was not entered into by the wife with a full appreciation of its implications and in circumstances where it would be fair to hold her to it; therefore, it is not binding under English law. The increase in value of the husband's shareholding in the...

Source-derived case information.

Citation
[2017] EWFC 76
Parties
Petitioner: XW; Respondent: XH
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Financial Remedies Following Divorce / Final Judgment After Full Hearing
Outcome
Lump sum order in favour of the wife; transfer of husband's interest in joint property; equal division of matrimonial assets accrued during marriage.
Legal Topics
Financial Remedies, Nuptial Agreements, Matrimonial and Non Matrimonial Assets, Special Contribution, Trusts and Family Wealth
Family Law Financial Remedies Nuptial Agreements Matrimonial and Non Matrimonial Assets Special Contribution Trusts and Family Wealth

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Summary, issues, holding and outcome

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Parties

XW

Petitioner

XH

Respondent

Procedural Posture

Financial Remedies Following Divorce / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the 'separazione dei beni' agreement signed at marriage is a nuptial agreement binding under English law
  2. 2 Whether the increase in value of the husband's shareholding in the company during the marriage is a matrimonial asset subject to the sharing principle
  3. 3 Whether the husband's business assets constitute unilateral/non-matrimonial property

Ratio Decidendi

The 'separazione dei beni' agreement signed at the Italian wedding was not entered into by the wife with a full appreciation of its implications and in circumstances where it would be fair to hold her to it; therefore, it is not binding under English law. The increase in value of the husband's shareholding in the company during the marriage is a matrimonial asset subject to the sharing principle. The husband's contribution, while significant, does not amount to a special contribution justifying departure from equality. The wife's interest in family trusts is a resource she is likely to have in the foreseeable future but is not a matrimonial asset. The appropriate outcome is an equal...

Court Disposition

Lump sum order in favour of the wife; transfer of husband's interest in joint property; equal division of matrimonial assets accrued during marriage.

Orders

  • Husband to transfer his beneficial interest in the jointly-owned property in Asia to the wife.
  • Husband to pay a lump sum to the wife representing approximately 50% of the increase in value of his shareholding in the company during the marriage.