The breakdown of the marriage
16.The Wife indicated to the Husband in August 2019 that she viewed the marriage as over. She puts the date of separation as being November 2019. The Husband filed a petition on 7 May 2020 in this jurisdiction, followed by a Form A on 3 November 2020, which has made him the applicant in these financial remedy proceedings. A decree nisi was pronounced on 16 November 2020. It has not, as yet, been made absolute. The Husband was in Country X for the vast majority of 2020 due to the Covid-19 lockdowns. He indicated, however, an intention to return to this country in early 2021 and to reside at the West London property. The Wife, understandably, was not prepared to occupy that property with him. She therefore rented a property from September 2020 at a rent of £6,000 per week. The rent was, at least largely, offset by the rent she has been receiving for Flat 1. It was, however, was an unfurnished property. She therefore spent approximately £260,000 in furnishing the property. That tenancy has since come to an end. On 5 November 2021, she rented another property in Prime Central London at £7,950 per week for two years but with a break clause after one year.17.The parties conducted a private FDR before Lord Wilson of Culworth on 3 November 2020. Sadly, it was not successful. It does appear to me to have taken place very early in the litigation process, albeit with the provision of informal Forms E. It is perhaps regrettable that a further attempt was not made to settle the dispute, later in the litigation but, given that I approved the case moving straight to a final hearing, I cannot now be seen to criticise this failure.
- MR JUSTICE MOOR:-
- The relevant history
- The breakdown of the marriage
- The respective Forms E
- The evidence before me
- The position of the PE company
- Section 25 statements
- The valuation of DEF Inc and the other business
- Statement of Issues
- Open proposals
- The Tax enquiry
- The respective Position Statements
- Duxbury
- The Assets Schedule
- £ 3,551,912
- The law I have to apply
- White v White
- K v L
- Miller/McFarlane
- Hart v Hart
- Miller
- Jones v Jones
- Martin
- Hart
- my emphasis)
- Juffali v Juffali
- The evidence I heard
- My assessment of the assets
- The appropriate deduction for tax liabilities in relation to the enquiry by the tax authority of Country X
- Two relatively small loans made by JR’s estate and a trust belonging to KR to the IR Holding Trust
- The resulting overall figure
- The Pre-Nuptial Agreement
- Radmacher v Granatino
- The DEF Inc Side Deed
- My conclusions as to non-matrimonial property
- XW v XH
- Wells v Wells
- The structure of the award
- £ 120,479
- Calderbank
