Key Facts
- •Appeal against a final order in divorce proceedings.
- •Total net assets: £339,000.
- •Wife's (W) earnings: £40,000pa gross; Husband's (H) earning capacity: £150,000-£180,000pa gross.
- •Assets divided: £211,000 (68%) to W, £128,000 (32%) to H (clean break basis).
- •H withdrew £530,000 from business ventures post-separation, with unclear usage.
- •Judge found H dishonest, lacking in disclosure, and manipulative.
- •H's business valuations disputed; judge relied on higher valuation (£270,000).
- •Dispute over loan (£100,000) from H's sister; judge attributed it solely to H.
- •Disagreement on mortgage payments for the former matrimonial home (FMH).
Legal Principles
Appeals operate by way of review; may be allowed if the decision was wrong or unjust due to irregularity.
FPR 30.12(1) and (3)
A decision may be wrong due to errors of law, unsupported factual conclusions, improper weighting of matters, or unreasonable exercise of discretion.
G v G (Minors: Custody Appeal)
Appellate courts should not interfere with trial judge's factual conclusions unless plainly wrong; detailed guidance on appellate review of findings of fact.
Volpi and Ors v Volpi [2022] EWCA Civ 464
Courts can draw adverse conclusions from lack of disclosure; non-disclosing party cannot complain about resulting orders.
Moher v Moher [2019] EWCA Civ 1482; F v F [1994] 1 FLR 359
Distinction between liquid and illiquid assets in financial remedy cases.
Wells v Wells [2002] EWCA Civ 476; CO v YZ [2020] EWFC 62
Outcomes
Appeal dismissed, except for minor amendments to the order.
Judge's findings of fact were unimpeachable; evaluative decision within reasonable range; H's misconduct contributed to the outcome.
Asset division: 62/38 in W's favour.
H's dishonesty, better future prospects, partner's contribution, and substantial post-separation withdrawals considered.
Timeframe for repayment of loan to H's sister deleted; H to indemnify W.
No agreed timeframe; sister didn't directly seek enforcement.
Amendment to s28(1A) provision for mortgage payment pending sale of London Property 2.
Oversight in original order.