Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

FINANCIAL REMEDIES: GS v L [2011] EWHC 1759 (Fam)

Sep 29, 2018, 21:29 PM
Slug : 2011EWHC1759
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Mar 16, 2012, 10:33 AM
Article ID : 98077

(Family Division ; Eleanor King J; 6 July 2011)

The husband and wife met in England and both had successful careers as bankers, the wife gave up work in order to care for their 2 children. The family moved to Spain and signed a document stating that all future assets would be held equally. Seven years later the family moved to England and the wife petitioned for a divorce. The husband accused her of forum shopping, evidence that approach of the Spanish court would be less favourable to the wife. The husband had in fact consulted solicitors in England and Spain 3 years prior to the petition. Neither party had a full understanding of the implications of the Spanish agreement, the only weight that could be attached to was that aside from the Madrid property, all assets acquired after the agreement would be shared equally. The husband's non-matrimonial assets of £1.6m, aside from his pension, were required to meet the immediate and long-term needs of the family and would not be ring fenced. Total assets of £3.7m excluding the husband's pension. The wife intended to return to work in Spain but earning capacity and prospects of employment were unknown.

Equal division of assets, transfer of Madrid property to the wife, lump sum of £600,000 to the wife, contents of joint account shared equally. Capitalised spousal maintenance for 10 years, as sought by the wife, too long a period, 2 years, the husband's proposal, was too short given the circumstances, 5 years was long enough for the wife to rebuild a career.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from