ZZ21D58773 - [2025] EWHC 1659 (Fam)

H’s open position is predicated on the basis that the entire proceeds of sale of the LM1 shares are non-matrimonial assets and are not subject to the sharing principle. He says the matrimonial assets comprise the family home, the net value of DEF at July 2021 (£3.6 million – given in Ms Hart’s report), the value of GHI at July 2021 (£230,000 – also given by Ms Hart). He puts that total at £6.24 million. He says that W’s sharing claim is limited to half that figure. He acknowledges that this will not meet W’s needs and so offers additional provision. He says that W should keep the family home and receive a lump sum of £3.3 million. This would be on a clean break basis. There were additional points about chattels. I will address those later. On my findings as to the value of the family home (£3,395,000), and on the basis that W keeps her chattels, bank accounts and pays her outstanding legal costs, this would give W £6,565,472 or 21% of the total assets. No provision for the parties’ youngest child was offered.

By her open position, W seeks, on a clean break basis, the family home (£3,395,000), retention of her bank accounts (£22,588), her chattels (£107,095), the escrow account (£5,037,784), the net receipt from the October LM money (£3,480,122) and a further lump sum of £1.5 million. On the basis that she pays off her legal fees, I calculate this would leave her with £13,283,378 or about 42.5% of the total. She also seeks an order for H to pay their youngest child’s education costs and for child maintenance of £25,000 per annum to the conclusion of first degree. W also raises issues about specific chattels and indemnities. I will deal with those in due course. I also note that the figures in this paragraph and the preceding paragraph may be marginally skewed by the agreement to pay W’s outstanding legal fees from the escrow account.

I will now turn to the issue of post-separation accrual