The respective Forms E
18.The Wife’s Form E is dated 5 July 2021. She describes herself as a homemaker. She deposes to total net assets of £28,245,274, being made up, broadly, of the flat in West London at £11.2 million; Flat 1 at £8.5 million and her half interest in the Z Street Property, valued at £13.6 million gross. She had £2.2 million in her bank accounts, which was largely the remainder of the net proceeds of sale of Flat 2. She describes the standard of living enjoyed during the marriage as “exceptionally high”, referring to the ownership of seven properties, the private jet and the yacht. She says she made a full and equal contribution, during the marriage. She makes the point that ABC Inc went from less than 20 stores when they married to more than 100 stores when the business was sold. She adds that the parties founded DEF Inc together in 2007. She describes the Husband producing the Pre-Nuptial Agreement “out of nowhere” at home one evening and saying that his father, JR, insisted on it. She said that it was signed without formality or witnesses at home that evening. She cannot remember whether the version she signed was the same as the draft or not. 19.The Husband’s Form E is dated 5 July 2021. He describes himself as a company director. He says his gross assets are worth £229 million but, after liabilities of (£89 million), he puts his net assets as £139 million. He valued the Z Street Property considerably higher than the Wife, namely at £18.6 million. At the time, he had £11,774,305 in bank accounts. He was owed £89,091,477 by the Trusts. The liabilities deposed to are almost entirely tax liabilities that I will return to in due course. He valued the various Trusts at £117.8 million. The parties, and on the Husband’s case, his mother, had put assets of $50,096,786 in a Trust for the benefit of the children. The Wife disputes the involvement of the Husband’s mother, arguing that she was involved simply to assist in avoiding UK tax consequences. In any event, the money was then loaned back to the other Trusts so it could continue to be utilised by the parties. The Husband put his income needs at £394,866 per annum for himself but with the running costs of the various assets of the Trusts, such as the yacht and the aircraft at £3,861,065 per annum. Like so many husbands, he underplays the standard of living saying that it was “high but family orientated”. He says that the entirety of the family wealth emanates from non-matrimonial assets, namely the endeavours of JR in setting up ABC Inc.
- 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
