News
Family law cases often present unique challenges, particularly when they involve high-value assets, complex legal issues, and emotionally charged disputes. A recently published case, in which Dean Wilson proudly represented the applicant wife, exemplifies many of these challenges, as well as providing further insight into the issue of transparency in family law.
The case centred on an exceptionally brief marriage that resulted in one child, known as C, who was born in June 2019. The parties married in March 2019 but separated in June of the same year, making it a very short marriage. While they were in a relationship for approximately 2 ½ years before marriage, cohabitation did not begin until February 2019.
Philip Perrins of 1GC Family Law, instructed by Julian Hunt and Jennie Apsey of Dean Wilson, acted on behalf of the wife in her application. The husband, a high earner with property assets valued between £6.5 million and £11 million (subject to contested tax issues), contested the application. The primary issue was determining the appropriate financial provision to meet the wife’s and child’s housing and income needs, including whether the award should be made on an outright or reversionary basis.
The proceedings were further complicated by the husband’s unrestrained and intransigent behaviour, as observed by the court. Another significant issue was whether the court should set aside, under section 37 of the Matrimonial Causes Act 1973, a Deed of Assignment and a Deed of Trust related to a company in which the husband held shares. This company controlled liquid resources and unencumbered properties capable of satisfying the award.
After careful consideration, HHJ Farquhar set aside the deeds and ordered the husband to pay an outright lump sum to the wife, addressing her housing and income needs, legal costs, and litigation loan.
The judgment also explored the issue of publication in anonymised form, reflecting on the Transparency Implementation Group’s (TIG) report and its implications. HHJ Farquhar, chair of the FRC sub-group of the TIG, provided valuable insights into transparency in family law cases, contributing to the broader discussion on balancing privacy and openness in legal proceedings.
Julian Hunt, Partner in the Family team who advised the wife, commented:
“We were delighted to secure a positive result for our client in this case, which highlighted issues around Deeds of Assignment, valuing complex assets and also contributed further to the topical issue of privacy in family court proceedings.”
For further information please email jbh@deanwilson.co.uk or call 01273 249223