Final open proposals
37.In the run up to the hearing, both parties made further open proposals, although, on 26 April 2022, the Husband simply repeated his previous open offer. On 5 May 2022, the Wife also repeated her earlier proposal but she included figures. She calculated the net assets as being worth £133,211,348 so each party would receive £67 million. NN should be transferred to her and she would transfer her shares in BT Ltd to the Husband, providing he indemnifies her in relation to the transfer. She would then make an equalising lump sum. She calculated this as being £35,129,995 on the basis of an add-back for both her spending on one of her older children’s rehab costs and the Husband’s costs of the mistake/recission claim in the sum of £397,711. The Husband would then pay her costs of the claim from his share of the assets in the sum of £179,022. Finally, he would pay her £40,000 pa periodical payments for Y but the parties would share X’s costs equally.38.There is one final letter to which I must refer and that is the Husband’s letter dated 29 April 2022 from his solicitors. It relates to add-back. The Husband says that the Wife’s expenditure continues to be completely out of kilter with the expenditure during the marriage. He has now discovered that she spent £1.5 million from 1 January 2022 to 12 April 2022, a period of only 3.5 months. On the basis of the 2018 level of expenditure, he seeks an add-back to the Wife’s assets in a total sum of £3,391,393 of which £1,188,358 relates to 2022. He adds that the Wife has spent £908,923 on her adult children.
- MR JUSTICE MOOR:-
- The relevant history
- The litigation
- Valuation evidence
- Final open proposals
- The Assets Schedule
- Property Particulars
- Costs
- The respective Position Statements
- Duxbury
- Tinker v Tinker
- Lambert
- The Law I must apply
- White v White
- K v L
- Miller/McFarlane
- Hart v Hart
- Miller
- Jones v Jones
- Martin
- WM v HM
- my emphasis)
- Sharp v Sharp
- S v AG
- S v S
- Vaughan
- FB v PS
- The factual issues
- Sharp
- VV v VV
