MR v EF
[2024] EWFC 144 (B)
A Wife v A Husband
9 November 2023
[2023] EWFC 200 (B)
Family Court
After a very long and expensive divorce, the judge gave the wife £700,000 for a house. He considered an agreement they made before, but because of the huge legal battle and because they had a child, he changed it a bit. The wife also owed money, but the judge said it wasn't necessary to take it from her yet.
Key Facts
- •Divorce proceedings between a wife (applicant) and husband (respondent) spanning seven years.
- •Jurisdictional dispute between Italy and England and Wales.
- •Significant legal costs incurred by both parties (estimated at over £1.5m).
- •Existence of a nuptial agreement from 2008.
- •Respondent inherited assets in 2008 and later.
- •Applicant owes respondent approximately £350,000 due to an Italian court judgment.
- •Former matrimonial home (FMH) sold, proceeds largely spent on legal fees.
- •Applicant's recent employment in Italy raises questions about her housing needs.
- •Applicant claims housing need in London, respondent disputes this.
Legal Principles
Fair outcome; consideration of sharing and needs principles under the Matrimonial Causes Act 1973 (MCA).
MCA Section 25
Clean break; termination of financial dependence.
MCA Section 25A
Nuptial agreements; upholding agreements unless unfair.
Radmacher v Granatino [2010] UKSC 42
Outcomes
Applicant awarded £700,000 lump sum for housing in Brentford.
Balances fairness with respect for nuptial agreement; considers impact of litigation and supervening events (child's birth). Considers applicant's needs and respondent's resources.
Italian debt of £350,000 not enforced; deferred payment contingent on cooperation in Italy.
To avoid jeopardizing child's housing; Court retains enforcement jurisdiction.