The parties’ proposals
50.The figures have been affected as time has passed by legal fees and the costs involved in maintaining two households on an interim basis. 51.The net effect of H’s proposal is that W would have total net assets (after payment of all her outstanding legal costs), of about £7.15 million. That sum, on his proposal, is entirely liquid, apart from £117,000 of pension provision, and incorporates ‘X’ Street at £2.045m and the balance in cash. Broadly, this is consistent with the unsigned Post Marital Agreement, to which H has adhered since his first proposal in July 2020, although it was worth more to W then, before the corrosive effect of costs.52.W’s position has altered over time:i)In her first proposal of July 2021, she sought a net effect total of about £10m.ii)In November 2021, she repeated the substance of her proposal, seeking £10m.iii)By her most recent proposal dated 3 February 2022, she seeks about £10.6m.
- 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
