Wife v Husband
[2023] EWFC 273 (B)
JN v GN
21 November 2023
[2023] EWFC 244 (B)
Family Court
A couple divorced after 23 years. The husband got a lot of money and spent it all. The wife got the house, but the husband didn't have to pay off the mortgage because he had no money left. He did have to pay some of the wife's legal bills because he didn't follow court rules. They are now completely separated.
Key Facts
- •Final financial remedies hearing following a 23-year marriage.
- •Main asset: former matrimonial home valued at £280,000.
- •Husband (Mr. N) unrepresented, wife (Mrs. N) represented by counsel.
- •Husband had received a significant inheritance (£468,000) and other substantial sums post-separation, which he dissipated.
- •Wife in poor health; husband in relatively good health and employed.
- •Significant non-compliance by the husband with court orders and financial proceedings rules.
- •Wife incurred substantial legal costs (£69,000, £19,000 outstanding).
Legal Principles
Fairness in the division of assets in financial remedy proceedings.
Section 25 Matrimonial Causes Act 1973
Cost penalties for unreasonable conduct during proceedings.
Practice Direction 28A
Outcomes
Husband to transfer his beneficial interest in the former matrimonial home to the wife.
Husband's significant dissipation of assets and non-compliance with court orders.
Husband not required to clear the mortgage on the former matrimonial home.
Husband's lack of funds despite previous receipt of substantial sums.
Husband to pay £10,000 towards wife's legal costs (£350/month).
Husband's significant non-compliance with court orders and financial proceedings rules.
Husband to clear the outstanding charging order of approximately £1600.
Agreement between the parties.
Clean break order.
To allow the parties to go their separate ways.