£2,230,000 mortgage liability
£10,214,101 netIn addition, it recorded the receipt by H of £500,000-£600,000pa from his fatherand his anticipated inheritance prospects exceeding €100m.ii)Wife £2,360,191 net12.Thus, of the combined net assets of £12,574,292 (excluding prospective inheritance), W’s entitlement under the Post-Marital Agreement in the event of divorce was about 56% thereof. 13.W, having decided not to sign on 29 August 2017, left Switzerland the next day to take Child A to a school induction day in London. They returned that weekend. A day or two later, W and the children travelled to England where they lived at ‘X’ Street. H lived at Y town but at weekends during term time flew to London. During holidays, W and the children joined H in Y town, Z town and the U area. All three properties were being used and it seems to me that they had two main family homes, in London and Y town. After the parties separated in 2019, W and the children moved into rented accommodation in late 2020 in London; the tenancy expires in November, with a break clause which has bene exercisable since June 2021. 14.In circumstances to which I will return, H says that his father has now ceased the previous annual payments to him, and has side-lined H from his role in the family office. 15.On or about 21 January 2019, before the parties separated, H’s father transferred assets worth about €23m into a trust of which the father is the principal beneficiary and H is a discretionary beneficiary; these monies were intended to benefit H, his siblings and their issue in due course on his father’s death. In January 2020, W’s petition was served. On 21 February 2020, the assets were transferred out of the trust and back to H’s father pursuant to an instrument of partial revocation. I will need to consider these transactions in more detail.
- MR JUSTICE PEEL
- £2,230,000 mortgage liability
- Computation
- £117,036
- Sharing principle
- The Law
- Charman v Charman
- White v White
- Miller; McFarlane
- [2020]
- [2017] 2
- [2011] 2 FLR 980
- [2018] 1
- Charman (supra)
- Miller/McFarlane
- BD v FD [2017] 1 FLR 1420.
- [2017]
- The Law: Pre-Marital and Post-Marital Agreements
- Radmacher v Granatino [2010] UKSC 42
- The Law: inter vivos subvention
- M v M [2020] EWFC 41
- [1995] 2 FLR 668
- [2014] EWHC 502
- [2017] EWCA Civ 1545
- [2005] EWHC 2860
- Alireza v Radwan [2018] 1 FLR 1333
- The Pre-Marital Agreement
- undue
- undue
- BN v MA [2014] EWHC 2450
- Inter vivos subventions by H’s father
- Alireza
- fact
- timing
- The parties’ proposals
- Needs and outcome
- £4m.
- £3,319,000
- £7,319,000
- £7.45m
- Conclusion
- Costs
