Assets
68.The parties have agreed a schedule of assets with only one small dispute for me to resolve.69.W’s capital: She owns her home, with a net equity of just under £400,000 and her investment property valued at £110,000 but subject now to a mortgage of £69,000 taken out to meet various liabilities and living expenses. From her evidence, it appears that about £40,000 of the mortgage monies was utilised towards living expenses and £30,000 on legal fees. It has a net equity of £33,000, giving W property assets of approximately £430,000. 70.W has liabilities totalling some £166,000 of which £155,000 are outstanding legal fees. For the avoidance of doubt, I do not include as a liability the costs order made in a small sum against W in October 2021 which will need to be paid from the award that I make. 71.W has a pension fund with a value of £193,000 which produces an income of £6,100pa net.72.H’s capital: H has property assets worth just under £1.1m. He has a little over £123,000 in bank accounts and has other investments worth some £907,000. I take H’s figure for his likely realisable aged debt rather than its book value for the reasons that he explained, namely the very likely reduction in his outstanding CFA fees. He has outstanding legal fees of nearly £54,000 and other liabilities which take his total indebtedness to some £62,000.73.It therefore follows that H has non-pension assets worth some £2.06m and his pension funds have a total value of some £1.513m.74.W’s current income is agreed to be just under £23,000pa comprising earned income from her film making business of some £12,000 and rental and pension income between them producing £10,900. 75.It is right to point out that W’s earned income has fluctuated significantly, with her taking from her business anything between £0 and £23,000pa. Her business has recently obtained a contract to produce a film for £100,000 gross of expenses over two years. Whilst I accept that she is now taking £12,000pa, there is scope for this increasing.76.H’s total income is slightly more at the sum of £27,000 but with a likely rental income in addition and the capacity if he so wishes to increase his part-time earnings of £15,000pa which approximates to 30 working days a year.77.The standard of living of the parties was comfortable without being in any way luxurious.
- Approved Judgment
- Sir Jonathan Cohen:
- The parties
- The proceedings
- The law
- Edgar v Edgar
- Radmacher v Granatino
- Physical violence
- Control of daily life
- Finances
- Drinking
- Dr Jones
- Drawing the threads together
- Matrimonial acquest
- Other evidence
- The parties’ open offers
- Assets
- Radmacher
- MacLeod v MacLeod
- W’s needs
- £7,155
- £165,284
- Costs
- POSTSCRIPT
