The order
96.I intend that my award will be in full and final satisfaction of all claims for transfer of property and settlement of property that the mother may have against the father in this or any other jurisdiction. 97.In summary, my award will be as follows:i)The father to provide the sum of £3.65m for a property to be settled on Zoe until she has attained the age of 18 or ceased tertiary education;ii)The property shall be held in the most fiscally beneficial way (which may include purchase by the father’s Living Trust referred to at §44 above); I propose (subject to any further representations) that the property shall be held in the name of the father who shall grant a lease in favour of the mother to last until Zoe is 18 years of age or the completion of her tertiary education whichever is the later, with liberty to apply to extend that lease in the event that Zoe’s special circumstances justify such an extension;iii)The father to make payment to the mother to cover the cost of Stamp Duty Land Tax, survey and conveyancing costs of purchase;iv)The father shall pay a lump sum to reflect the following sums:a)£50,000 for redecoration, and refitting of the property upon purchase;b)£25,000 (to be released by the conveyancing solicitors only on proof of a need for adaptations and/or further redecoration);c)£7,500 moving fund;d)£87,450.26 to clear the mother’s debts (i.e., sums claimed excluding the Hunters account);v)The father shall pay or cause to be paid to the mother for the benefit of the child:a)Periodical payments (HECSA) with effect from 1st April 2023 at the rate of £148,250pa per annum payable monthly in advance by standing order;b)Periodical payments with effect from 1st March 2023 at the rate of £92,402.91per annum (inclusive of agency fees and suitable temp cover as set by the agency at the prevailing time) payable monthly in advance by way of standing order by way of contribution to the cost of providing a nanny for Zoe, until Zoe’s ninth birthday at which point the provision will be reviewed;c)Periodical payments in such sum as equals the primary school (including nursery) fees, to include any reasonable agreed extras and (insofar as not provided by the state) the cost of the 1:1 teaching assistant for so long as such an assistant is required by the relevant school, at any educational establishment Zoe shall attend from time to time during her minority (such schools to be agreed between the parties or as ordered by the Court); d)Periodical payments pursuant to my earlier order of 27 October 2022 varied to the extent that the father shall pay child maintenance for the benefit of the child to meet the costs of the mother’s representation at court in the reduced sum of £152,898.20 together with the sum of £10,000 to provide initial advice on the issue of enforcement of this order in the USA;vi)The periodical payments will be index-linked to the Consumer Price Index;vii)The father is to meet the cost of securing suitable health insurance cover for the mother and Zoe in the UK and where appropriate in the USA, and shall maintain that cover until the cessation of periodical payments provided for in my order;viii)In the interim, the father shall, from 1 March 2023, pay interim periodical payments to the mother for the benefit of Zoe pending completion of the purchase of the property as follows, in the increased sum of £5,750 per month payable monthly in advance by way of a contribution to the mother’s rent (or any subsequent rent review); this is ordered from 1 March (backdated as appropriate). Such rental provision to be the subject of a review after six months in the event that the mother has not at that point taken possession of the Property;ix)The provision of business class flights for the mother, a friend, nanny and Zoe, plus expenses for accommodation (as per the father’s offer on 14 October 2022 for the visits to the USA for Zoe to see the father);x)The father shall provide security for the periodical payments ordered above by way of a charge/lien on his main home in [State A] such charge/lien to become effective to trigger a sale of the property in the event of default on any of the periodic payments provided for above and this security shall remain in place and continue for so long as the father is liable to pay the periodical payments pursuant to this order;xi)I shall reserve any application as to implementation or enforcement to myself if available;xii)I shall also reserve to myself if available any application in relation to child arrangements and/or schooling for Zoe, whether at primary or secondary education, on formal application by either party.98.That is my judgment.
- Approved Judgment
- Introduction
- https://www.bailii.org/ew/cases/EWFC/HCJ/2020/80.html
- https://www.bailii.org/ew/cases/EWFC/HCJ/2021/72.html
- Procedural issues: determination of the application in the absence of the father
- General legal principles
- constant influence on the discretionary outcome
- support and also protection against adult irresponsibility and selfishness
- may be checked but not diminished by the absence of any direct claim in law
- Background history
- Zoe’s health and development
- The mother’s case
- The father’s case
- Housing
- Moving fund
- HECSA
- Nursery/schooling
- Debts
- Medical / health insurance
- Therapies
- Flights to/from USA
- Costs
- Capitalisation of the award as a prelude to enforcement
- The order
- Appendix
