Financial Remedies on Divorce – When 50:50 Just Won’t Do

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In the recently reported case of TT v CDS. The Court was asked to rule on the financial affairs of the divorcing Husband and Wife.

Everything that the parties had was built up during the course of the marriage. This included a successful business a London property and a penthouse in Miami.

The marriage broke down irretrievably and the divorce and ensuing dispute resulted in litigation which was described in Court as being on “a massive scale”. The Husband’s approach to matters was described as “either my way or no way”, with much of his conduct being described as “lamentable”. 

Since the breakdown of the marriage the Husband was found to have acted destructively and, as far as the litigation was concerned, with no regard to the normal rules.

In coming to his ruling, Justice Cohen sought as far as possible to ensure the parties have no further cause to litigate or have to deal, for example, with issues such as enforcement or assessment of costs orders.

The only way he could be confident that the Wife and the children would be properly provided for was for the beneficial interest in the business to be transferred solely to the Wife (Husband was described to have brought that on himself). The properties in London and Miami were divided between them and there was to be a clean break as soon as possible.

Any departure from equality, the Court ruled, was necessary to meet the children’s needs and debts of the Wife, to which the Husband had created a significant part. 

For information on financial remedies in divorce or ancillary relief in general why not contact one of Alexander JLO’s expert Divorce lawyers and see what we can do for you?

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