Key Facts
- •Divorce between UD (wife, 27, citizen of X, television presenter) and TQ (husband, 28, Y citizen, professional footballer for Club ABC).
- •Marriage in 2020, barely lived together, one child BD (3) born of the marriage.
- •Husband ended relationship in May 2022, ceased financial support, leaving wife impecunious.
- •Wife commenced divorce proceedings in England in May 2023.
- •Husband's jurisdictional challenges dismissed.
- •Husband largely non-compliant with court orders, including disclosure and maintenance payments.
- •Wife's assets: apartment in X (worth c.£150,000, mortgage £86,928), debts £19,548, legal costs £120,604.
- •Husband's assets: undisclosed, but inferred to be substantial based on earnings and non-disclosure.
- •Husband initiated criminal proceedings in X against wife, resulting in electronic tag.
- •Final hearing proceeded despite husband's limited engagement and disclosure.
Legal Principles
Court must consider all circumstances of the case, giving first consideration to the welfare of any child of the family.
Matrimonial Causes Act 1973, section 25(1)
Court must have regard to income, earning capacity, property, financial needs, standard of living, age, duration of marriage, contributions, conduct (if inequitable to disregard), and loss of benefits.
Matrimonial Causes Act 1973, section 25(2)
Court should consider terminating financial obligations as soon as just and reasonable after divorce; periodical payments should be for a term sufficient to allow adjustment without undue hardship.
Matrimonial Causes Act 1973, section 25A
In cases of non-disclosure, the court can draw adverse inferences and infer that resources are sufficient for a fair outcome, but should avoid speculation.
Moher v Moher [2019] EWCA Civ 1482
Outcomes
Husband's beneficial interest in wife's apartment transferred to her.
Husband's claim of beneficial interest rejected; wife's account of gift accepted; meets wife's housing needs.
Lump sum payment of £105,000 to wife.
To enable mortgage redemption and debt repayment.
Spousal periodical payments of £2,000 per month from May 2024, reducing to nominal amount from November 2027, ceasing April 2034.
To allow transition to financial independence, considering short marriage, wife's age, husband's contributions, and s.25A.
Child periodical payments of £2,000 per month until BD's age 18 or completion of tertiary education, plus school fees.
For BD's benefit, considering his needs and the wife's care responsibilities.
Husband to pay further £50,000 towards wife's legal costs.
Due to husband's litigation conduct.
Attachment of Earnings Order retained and widened to cover all orders, with increased deduction rate.
To ensure enforcement of orders given husband's history of non-compliance.