Open Proposals
35.Both parties have made open proposals. The Husband’s proposal is dated 7 December 2022. On condition that no tax is payable, he proposed that the Wife receive a lump sum of £83.3 million by 31 January 2023. This is said to be approximately 30% of the overall assets. The Wife would be responsible for any tax on receipt of the sum, although it has never been suggested that there is any appreciable risk of such tax. The Husband would continue to pay the children’s school fees. There would be no child support and no order as to costs, if the offer was accepted within 28 days. The Wife’s open proposal is dated 13 January 2023. It says that Grant Thornton has confirmed that there will be no tax. The award should be in DKK as the funds are held in DKK. She seeks DKK 1.089 billion, or approximately £140 million, namely half of the overall assets. She will accept any tax risk, provided the Husband has followed the advice of Grant Thornton. If he has not done so, she seeks an indemnity. It has not been suggested that he has not followed such advice, which, as I understand it, was not to return to Denmark until after he had ceased employment with the trading company. Despite the earlier statement that he would likely need to work for the company for between two and two and half years, his employment ended and he did then formally return to Denmark around Christmas 2022. The Wife says that the children’s educational costs should be shared equally. She reserved the right to equitable accounting of dividend payments but fortunately I have not been troubled by any of that.
- JUDGMENT
- The relevant history
- The breakdown of the marriage
- The relevant litigation
- Open Proposals
- Section 25 statement
- Supporting witness statements
- The schedule of assets
- The parties’ respective Position Statements
- The law I have to apply
- White v White
- K v L
- Miller/McFarlane
- Work v Gray
- XW v XH
- JL v SL (No 2)
- SK v WL
- Cowan v Cowan
- Evans v Evans
- S v S
- CO v YZ
- Wyatt v Vince
- Cooper-Hohn v Hohn
- Lucas
- British Railways Board v Herrington
- The evidence that I heard
- My conclusions – special contribution
- My conclusions – post-separation endeavour
- Postscript
