B e f o r e :
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NR |
Applicant |
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- and - |
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SE |
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Ms Van Rol (counsel) for the respondent
Hearing dates: 14, 15 December 2023
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Crown Copyright ©
Introduction
Background
These proceedings
The application to adjourn
The parties and their credibility
The law
The s 25 factors
The assets
Income and earning capacity
Other resources
Needs
Other s 25 factors
The parties' proposals
a. the transfer of the land into her name, subject to the existing mortgage, with her procuring his release from that mortgage as soon as practical and in any event indemnifying him pending release;
b. an undertaking in relation to any adverse consequences on account of the unauthorised use of that land and the wording in Ms Fox's position statement was slightly wider than the open offer. It was an indemnity from the husband in the wife's favour in respect of any potential enforcement application by the Environment Agency, local planning authority or other authorities, agencies or persons in respect of any wrongful use of the land or any contamination or damage;
c. a 100% pension sharing order in respect of the husband's pension, with him paying the pension sharing costs;
d. the return or the making available to her of the green shipping container which is on the land, which has in it the contents of the former matrimonial home after its sale, which amounts to her personal effects and the children's personal effects;
e. an undertaking indemnifying her in respect of liabilities arising from her involvement with the family business, including to taxes, levies, claims and indeed claims under the personal guarantees;
f. the adjournment or deferring of her capital claims for a period of five years;
g. a global maintenance order in the amount of £1,500 per calendar month, until the younger child attained the age of 21 or finished university.
Decision
(After hearing submissions on costs)
(After hearing submissions as to the publication of the judgment)
15th December 2023