Spotlight
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...
Spotlight
Latest articles
Family Law Awards adds a Wellbeing Award - enter now
This past year has been different for everyone, but family law professionals working on the front line of family justice have faced a more challenging, stressful and demanding time than most. To...
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments
IntroductionThis article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal...
Family Law journal - take the survey and you could win £50 worth of vouchers
Do you subscribe to Family Law journal?Our aim is to provide all subscribers of Family Law with compelling, insightful and helpful content that you enjoy reading and find useful in your...
Commencement date of 6 April 2022 announced for the Divorce, Dissolution and Separation Act 2020
The Ministry of Justice has announced that the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), which received Royal Assent on 25 June 2020, will now have a commencement date of 6 April 2022....
HMCTS blog highlights the use of video hearing due to COVID-19
HM Courts & Tribunals Service has published a blog detailing the impacts of coronavirus (COVID-19) on hearings. Pre-pandemic, HMCTS states that the use of video technology for live participation...
View all articles
Authors

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 :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from