Family Law Hub

Marital Assets

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  • Webinar to be broadcast live on Wednesday 1st April 2020. News, 03/02/2020, members only
  • The Court of Appeal recently gave judgment in XW v XH [2019] EWCA Civ 2262, an appeal by the wife (‘W’) against the financial remedy order made by Mr Justice Baker (as he then was) on 21 December 2017 (see XW v XH [2017] EWFC 76). He had ordered that W should receive capital resources which, when added to her own assets, would give her approximately £152m – a significant sum, but equal to only 29% of the parties’ combined capital resources of £530m. Judgment, 03/02/2020, free
  • The court was concerned with: first, the complex calculation and capitalisation of future income streams, which represented the realisation of assets built up during the marriage; and second, the question of whether this would be sufficient to meet future income needs. Judgment, 17/01/2020, free
  • Claims for financial remedies after divorce. Everything that the parties now possessed had been built up during the course of the marriage, including a successful mobile telephone business. The litigation had been highly destructive and the husband had been largely responsible for that situation. The only way that Cohen J could be confident that the wife and children would be properly provided for was for the beneficial interest in the business to be transferred to the wife. Properties in London and Miami were divided between them. Judgment, 23/12/2019, free
  • The wife appealed from a financial remedy order that she should receive £152m, 29% of the parties' combined capital resources, which included a significant sum acquired by the husband after selling shares in a company founded before the marriage. The wife sought a total of £235m. Moylan LJ decided it would be fair to both parties to treat 60% of the wealth derived from the shares as matrimonial property and 40% of it as non-matrimonial. The wife would now have approximately £182m, 34.5% of the parties' combined wealth. King LJ and Underhill LJ agreed. Judgment, 20/12/2019, free

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