VT v LT
[2023] EWFC 256 (B)
RM v WP
28 June 2024
[2024] EWFC 191 (B)
Family Court
A couple divorced after a long marriage. The wife got some money from the husband to cover her housing and debts, but not half of everything he owned, because he already owned most of it before they got married. They now have a clean break, meaning no more financial ties.
Key Facts
- •Financial remedies proceedings following divorce between RM (wife, 52) and WP (husband, 75).
- •15-year marriage with two children (one deceased).
- •Acrimonious separation with prior litigation under Children Act 1989 and Family Law Act 1996.
- •Husband owned all four properties before the marriage.
- •Significant legal costs incurred by both parties.
- •Wife's current employment as an Associate Delivery Manager.
- •Husband's retirement with various sources of unearned income.
- •Dispute over the characterization of properties as matrimonial assets.
- •Wife seeking equal division of property, husband proposing needs-based distribution.
Legal Principles
First consideration is given to the welfare of any child of the family under 18.
Section 25(1) Matrimonial Causes Act 1973
Court must consider factors under Section 25 Matrimonial Causes Act 1973 (income, earning capacity, property, needs, standard of living, age, disability, contributions, conduct).
Section 25 Matrimonial Causes Act 1973
Court should consider whether financial obligations should be terminated soon after the decree (Section 25A).
Section 25A Matrimonial Causes Act 1973
In long marriages, fairness and equality usually go hand in hand; matrimonial property is usually divided equally unless there is good reason otherwise.
White v White [2000] UKHL 54; Miller v Miller; McFarlane v McFarlane [2006] UKHL 24; JL v SL [2015] EWHC 360
Court can depart from equal division of matrimonial property, including the family home, if fairness requires it.
Standish v Standish [2024] EWCA Civ 567; FB v PS [2015] EWHC 297; S v AG (Financial Remedy: Lottery Prize) [2011] EWHC 2637
Outcomes
Wife awarded a lump sum of £657,000.
Reflects her needs, considering housing costs, debts, and income, with a partial mortgage contribution.
Husband to pay an additional £17,500 for immediate rental accommodation for the wife, allowing her to vacate 1 London Apartment.
To alleviate immediate tension between parties and facilitate the lump sum payment.
Clean break order.
Common ground between the parties.
No costs order, except enforcement of existing First Appointment costs order.
Wife's outstanding costs considered in lump sum calculation.
Departure from equal division of matrimonial assets justified.
Considering all section 25 factors, unequal contributions to property acquisition, and length of occupation of properties as family homes.