Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles

ANCILLARY RELIEF: B v B [2007] EWHC 594 (Fam)

Sep 29, 2018, 17:06 PM
Slug : b-v-b-2007-ewhc-594-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Apr 24, 2007, 04:22 AM
Article ID : 85789

(Family Division; Sir Mark Potter P; 21 March 2007)

Following the couple's separation, the property developer husband moved to the US to develop his business there (apparently prosperously), taking with him £300,000 but leaving behind considerable debts in the UK. The judge awarded the wife the proceeds of all the English properties, after deduction of costs of sale and the balance of the UK tax, leaving the husband with £134,000 in property and debts that might amount to nearly £500,000, including a substantial liability to US tax. This was not a case in which the judge had inferred missing assets, although the judge had found that the husband's disclosure was not reliable. Instead the judge had drawn the inference that the husband had an available line of credit and a well-developed business acumen that would enable him to prosper.

Dismissing the husband's appeal, the court considered that the judge had been fair, given the husband's history of studied indifference to family obligations. The judge had been entitled to follow the line taken by Charles J in Rye v Rye [2002] 2 FLR 981; there had been ample material upon which the court had been entitled to conclude that the husband was capable of organising his affairs and juggling his finances so as to trade out his debt situation and that he would continue to enjoy a lifestyle superior to that of the wife and children he had left behind in the UK after transferring to the US substantial assets realised in order to finance his own needs. The judge's costs order against the husband was upheld, and was not capped notwithstanding that the wife was publicly funded.

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