How can a divorcing couple’s reasonable needs be informed
by pre-marital property? Catherine Costley investigates
The decision of Mostyn J in the recent case of N v F [2011] EWHC 586 Fam, provides helpful guidance to practitioners considering the way in which the existence of pre-marital assets should be reflected in the division of matrimonial assets. Mostyn J follows the procedure described by Wilson LJ in Jones v Jones [2011] EWCA Civ 41, [2011] All ER (D) 231 (Jan) but, when cross-checking the outcome of that analysis against the parties’ needs, acknowledges that pre-marital assets, which may well be ring-fenced in the ultimate division, can inform the reasonable needs of the parties.
Background
The parties had been married for 16 years and had two children. At the date of the marriage in 1993 the husband had assets worth £2.116m. By the time of the breakdown of the marriage the assets of the parties were valued at £9.714m. The husband proposed that the wife should receive 43% of the assets leaving him with 57%. In monetary
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