RM v WP
[2024] EWFC 191 (B)
D v D
12 March 2024
[2024] EWFC 76
Family Court
A wife with serious mental health problems divorced her wealthy husband. The judge gave her a large amount of money to buy a house, support herself for the rest of her life, and help pay her lawyer's fees. The husband had to pay even though most of his money was earned before they met. The decision emphasizes fairness when one party has significant health issues and a large financial gap between them.
Key Facts
- •Financial remedy proceedings following a 10-year marriage (2012 cohabitation, 2017 marriage, 2022 separation).
- •No children of the marriage, but wife's children from a previous relationship were treated as children of the family.
- •Husband's assets (£15-16 million) derived primarily from pre-marital endeavors.
- •Wife's significant mental ill-health, including suicide attempts, impacting her capacity and needs.
- •Wife's lack of earning capacity.
- •Husband's potential liability to contribute £3 million to a fund for his disabled son from a previous marriage.
- •Wife's previous relationship yielded £500,000 which was subsequently absorbed into the husband's assets.
Legal Principles
Fairness in financial remedy cases requires balancing needs, compensation, and sharing.
Miller v Miller [2006] UKHL 24
Section 25 of the Matrimonial Causes Act 1973, as amended, guides the court's assessment, considering factors like age, earning capacity, standard of living, and disability.
Matrimonial Causes Act 1973
In cases of significant wealth, needs should be generously interpreted.
Miller v Miller [2006] UKHL 24
While standard of living during the marriage is relevant, it does not dictate equal lifestyle outcomes.
Juffali v Juffali [2016] EWHC 1684 (Fam)
The court's assessment of needs should consider the long-term implications of a spouse's health, while acknowledging the lack of expert evidence where such evidence was not requested by the parties.
Duxbury calculations provide guidance, not a definitive answer, for lifetime maintenance awards, considering factors like life expectancy and potential future events (remarriage, inheritance claims).
In assessing financial needs and outstanding legal costs, the court considers fairness and avoids penalizing a party for their spouse's ill health.
Ezair v Ezair [2012] EWCA Civ 893, Azarmi-Movafagh v Bassiri-Dezfouli [2021] EWCA Civ 1184
Outcomes
Wife awarded a lump sum of £3,777,300 payable in stages: £2,000,000 (14 days), £500,000 (4 months), £1,277,300 (12 months), plus 3.75% interest.
Balances wife's needs (housing, lifetime maintenance, legal costs) considering her mental health and husband's financial capacity.
Wife awarded £1,000,000 for housing.
Allows wife to purchase a suitable home considering her needs and geographical preferences.
Wife to vacate family home within 4 months of first lump sum payment.
Considers timeline for wife's new home purchase and financial settlement.
Husband to pay two-thirds (£177,300) of wife's outstanding legal costs.
Acknowledges the impact of wife's mental ill-health on legal costs; avoids penalizing the husband.
Bentley car to be returned to the husband immediately.