V v V (Financial Remedy Hearing) [2024] EWFC 255 (B)6 September 2024
Published: 28/10/2024 09:13
https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/255
HHJ Willans. Three-day final financial remedy hearing involving the computation of the assets available for distribution including properties in India.
This case focused on the calculation of the assets available for distribution and the approach that should be taken to some of the assets. Both parties approached on the basis that determination should be seen through the prism of the sharing principle and there was no need to enhance distribution to reflect need.
Facts
Wife (aged 42) and husband (aged 46) married in 2006 and divorced in 2023. They have two teenage children who live with the wife. H is in IT and W is a teacher.
They had two properties in the UK, one each. They had a strong association with India and retained family connections there. There was dispute as to the extent of the ownership, value and extent of nine properties in India. An SJE was appointed to value these. The husband (or his mother) improperly placed pressure on the valuer to withdraw his valuation from the court process. H had accused the valuer of collusion and improper conduct because the valuer was located in the same city from which the wife originated. The judge considered that his conduct was regrettable and wholly outside good practice.
One of the Indian properties had been inherited by H from his mother. He had also given £60,000 inherited from his aunt to his sister, but the court found that he was following his aunt’s wishes and that these were non-matrimonial assets so no add-back was appropriate.
Judgment
The matrimonial assets were held to be £1,155,866 with the judge not taking into account inherited assets and applying a discount for partly marital assets, but including post-separation assets accrued close to the end of the marriage.
The wife was awarded 45.42% of the overall assets, being 50% of the matrimonial assets.
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