£4m.
That said, W will be able to spend more on a property if she so chooses, whether in SW3 or elsewhere, but would have to tailor her income fund accordingly.61.I reject W’s case that she reasonably requires a second home in Switzerland costing £1.8m-£2m. True, she and the children are used to spending time in London and Switzerland, although it was only between 2017 and 2019 that they spent substantial time during the marriage in both countries. But the children will be able to see H in Switzerland at his home (which is also their home), and in any event their needs do not as a matter of law extend for more than perhaps another 10 years. I was told that when the children go to stay with H, W also travels to Switzerland in case of an emergency; I sincerely hope and expect that she will not need to make these trips for much longer, and do not regard this aspect of the case as supporting W’s request for a second home. W will have ample funds to travel there, stay in hotels and/or rent if she chooses. Given that the children are based in London, one is only talking about holiday time (18 weeks a year), of which about half is likely to spent by the children with H; the time spent by W, and particularly the children, in a second home would be limited. Provision for a second home in Switzerland was not included in the Post-Marital Agreement and, in my judgment, would be an unreasonable need. W would, as it happens, have enough funds to purchase a second property if she wishes, particularly if she scales back her London aspirations, but that must be a matter of choice for her rather than an expense attributable solely to H. Further, on my findings, I am unconvinced that H has liquidity to pay for a second home as sought by W and, moreover, were he to do so his ability to meet his own needs would be severely affected.62.As for income needs, W’s claimed budget for herself (excluding costs directly referable to the children) is £251,010pa, a sum which includes the cost of running properties in both London and Switzerland; deducting the cost of running a second home in Switzerland brings the budget down to about £224,000pa. As a comparison H’s budget (similarly excluding costs directly referable to the children) is £233,215pa, albeit including £43,225pa of mortgage costs on the Y town property; excluding mortgage costs brings his budget down to £189,990pa, although H told me he will have to reconsider certain items depending on affordability, such as retaining a boat and membership fees for a club in the U area. 63.In the Post-Marital Agreement, and indeed referenced in her earlier open proposals, the budget deemed appropriate for W was £110,000pa (uprated for inflation). In her most recent proposal, W seeks a Duxbury of £3.4m which equates to about £155,000pa. It does seem to me that £110,000pa (uprated with inflation), would be inadequate in the light of the standard of living, the historic expenditure by the parties, and H’s own budget. It seems to me that an appropriate sum is £150,000 per year which, in accordance with the Duxbury tables, is capitalised at
- 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
