Family Law Hub

S v H [2020] EWFC B16

A judgment in financial remedy proceedings. The marriage had lasted six and a half years. The wife had sought the full range of financial relief in her application, but, the husband being bankrupt, the case she in fact ran was to seek a dismissal of all claims by both parties, and rely upon a prenuptial agreement which provided for a separation of property. The husband sought a lump sum of £739,000, sufficient to discharge his bankruptcy, provide for his living expenses and purchase a three-bedroomed house. In HHJ Booth's judgment, there was no value in the prenuptial agreement. There was no formal disclosure, and no legal advice given to either party. This was a needs case. Section 25 of the Matrimonial Causes Act 1973, as amended, required him to have regard to all the circumstances of the case. He ordered a transfer of 60% of the wife's pension, and payment of a lump sum of £270,000 to discharge the husband's bankruptcy and pay his legal fees. A fund of money would be provided for the husband to buy a house in his name, subject to a trust in favour of the wife, allowing her to recover the capital advance at such time as the husband no longer needed that home.

Judgment, published: 27/04/2020

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Published: 27/04/2020

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