Family Court
XW
v
XH (Financial Remedy: Non-matrimonial Assets)
[2017] EWFC 76
2017 June 12–16, 19–23; Dec 21
Baker J
MarriageDivorceFinancial provisionWife’s claim for financial provision following divorceHusband’s bringing great wealth to marriage through dramatic increase in value of business shareholding during short marriage where both parties had held and retained significant unilateral assetsWife and child’s needs met without sharing husband’s unilateral assets equallyWhether court to depart from principle of equalityWhether election of property regime in Italian marriage certificate constituting agreement to adopt Italian law Comparison of election to property regime with common law pre-marital agreementsWhether court to attach weight to agreementWhether value of husband’s shareholding to be excluded from marital acquestWhether valuation of original shareholding brought into marriage to take account of latent potentialWhether husband’s business success amounting to “special contribution”
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