The marital background
is that the husband and wife were married on 5th August 1997. They have five children. E (female) is now a young adult; she works and pays the wife a small amount each month). G (male) is now an adult also; he is autistic, non-verbal and has other disabilities. The wife says (and I accept) that G ‘needs round the clock supervision and care which I provide without any respite’ [G45]. B (m) is in his mid-teens; he gave evidence which included that he intends to take up an apprenticeship relating to motor cars. C (f) is younger than B but is also in her mid-teens. D (f) is the youngest child and will not be a teenager for some years. 26.All five children live with the wife. The husband suggests that the two eldest children ‘are no longer dependent’ [G41]. He did not acknowledge the very considerable contribution that the wife is making, and will continue to make, in caring for G.27.The husband and wife do not agree as to the date of separation; the wife says that it occurred on 3rd July 2017, the husband says it was in December 2016. The husband says in his Form E [F1] that he and the wife had been sleeping apart for 2-3 years before separation. The precise date of separation is not important, and it is not possible to state it. The separation was defined by a gradual process of the husband spending increasing amounts of time sleeping at 50-52 High St. The decree nisi was made on 6th June 2017 and it became absolute on 13th August 2018. The marriage lasted for between 19 and 20 years from the date of the ceremony until the date of separation. It was therefore a long marriage. The responsibilities that arise from it will be long-term. 28.Initially, at the start of the marriage, the parties lived in rented accommodation in Weston-super-Mare but then moved to a rented property at 110 Churchill Avenue, Clevedon. In 2004 they moved to 36 Beaconsfield Road, Clevedon; it was a council house but was bought in the sole name of the wife in November 2014 and is rented out to third parties. On 9th April 2014 the husband bought 37 St Michaels Avenue, Clevedon in his sole name; the wife, her current husband and the children live there.29.
- HHJ Stephen Wildblood QC:
- Introduction -
- Overview -
- Open offers -
- The outcome of this judgment –
- The parties -
- The trust and business claims
- The marital background
- The procedural history
- Remarriage – Wife -
- Remarriage – Husband
- The wife’s resources and needs -
- The Wife’s oral evidence
- The husband’s disclosed position –
- The husband’s evidence about his other debts
- Husband’s oral evidence -
- P v Q -
- The overall position of the husband –
- Evidence of alternative housing -
- B – oral evidence
- Morland Rd
- no evidence
- Statements from witnesses called by the wife –
- Law relating to trust claims –
- Bluebird Restaurant Ltd
- never
- very
