D v D (Financial Remedy Case) [2020] EWFC B2420 May 2022
Published: 21/05/2022 09:00
https://www.bailii.org/ew/cases/EWFC/OJ/2020/B24.html
DJ John Smart.
Rare reported modest asset case. Identification of needs in a marriage that, with prior cohab, had lasted only 10 months. Parties aged 51 and 49. Modest assets, almost all brought into the marriage by H, including the FMH in H’s sole name and H’s pension funds. There were several credit cards and loans. No children of the family, but one child nearing adulthood and two other dependent young adults from previous relationships. Both H and W, and all children, had mental health issues.
Judge considers Miller/McFarlane [2006] UKHL 24; Charman [2007] EWCA Civ 503; SS v NS (Spousal Maintenance) [2014] EWHC 4183 (Fam), and Sharp [2017] EWCA Civ 408 regarding fairness in a short marriage and quantum of maintenance. He accepted that H’s housing needs including rooms for his two adult daughters; W’s son was living independently despite requiring daily help. In light of H’s financial contribution, W to receive 21% net assets to rehouse herself in rented accommodation and discharge her debts over time. H may need to sell FMH depending on his precise mortgage capacity as his income recovered post-Covid. H to pay W spousal maintenance tapering over 2 years. No pension sharing order. W’s allegations of obvious and gross misconduct by H were rejected as not reaching the level indicated by the case law (S v S (Non-Matrimonial Property: Conduct) [2006] EWHC 2793 (Fam) discussed and helpful summary of the case law).
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