AB v FC  EWHC 3285
Wife’s application for financial remedies after a short marriage to French footballer (with one young child) during which there was no marital acquest.
Mrs Justice Roberts: Notwithstanding the absence of any marital acquest, this is a case where W's substantial ongoing contributions to the welfare of the family should be reflected in an entitlement to the future security which she seeks both for herself and for A ...this is not a case where she is entitled to look to H to provide her with capital security over time whilst, in parallel with that obligation, requiring him to replicate the standard of living (or something close to it) which she describes during the short period of time they were married to one another..... after a marriage of this length, I do not consider it is appropriate to factor in any sharing of, or entitlement to, H's bonuses...he will retain the balance (c. 76%) ...a recital recording the fact that there should be a review of H's financial obligations to W after 7 years or earlier in the event of a material reduction in his income. See Family Law Week
Lord Wilson gave the judgment of the Privy Council, clarifying confusion over the definition of non-matrimonial property, and reiterating his judgment in K v L 2011 EWCA 550 and that of Mostyn J in JL v SL (No 2) 2015 EWCA 360 that non-matrimonial property should only be deployed to meet needs, there being no moral or fair basis upon which the sharing principle could apply to it.
See Family Law Week
CAROLINE HELY HUTCHINSON Barrister
Family, Divorce and Matrimonial Lawyer
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