V v V ( Financial Remedy hearing) [2024] EWFC 255 (B)

01/05/2025

HHJ Willans – 28th October 2024.

Ayesha Hasan acting for the wife.

[2024] EWFC 255 (B)

 

This was a modest asset case which was held over a three day contested hearing. Issues  included quantification of the assets, values and whether they were matrimonial or non- matrimonial assets.

Facts -Wife (aged 42) and husband (aged 46) married in 2006 and divorced in 2023. They have two teenage children who lived with the wife. H was in IT and W a teacher.

They had two properties in the UK, one each. The parties originated from India and retained family connections there. There was dispute as to the extent of the ownership, value and extent of nine properties in India.

An SJE was appointed to value these.  The husband was acting in person and tried to influence the SJE to give low values and applied pressure by reporting the SJE to his professional body in India. The husband accused the valuer of collusion and improper conduct because the valuer was located in the same city from which the wife originated. The judge considered that his conduct was regrettable and wholly outside good practice.

Non- Matrimonial property - one of the Indian properties had been inherited by H from his mother.

Dissipation of assets and add back - were argued on behalf of the wife as the husband over the course of the proceedings had given £60,000 (inherited from his aunt) to his sister, but the court found that he was following his aunt’s wishes and that these were non-matrimonial assets so no add-back was appropriate.

Judgment - the matrimonial assets were held to be £1,155,866 with the judge not taking into account inherited assets and applying a discount for partly marital assets, but including post-separation assets accrued close to the end of the marriage.

The wife was awarded 45.42% of the overall assets, being 50% of the matrimonial assets.

 

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