WX v HX (Treatment of Matrimonial and Non-Matrimonial Property) [2021] EWFC 14

This was a judgment given by Mrs Justice Roberts in respect of a financial remedy application, which involved both matrimonial and non-matrimonial assets.  The application was issued by the wife against the husband, with the parties’ adult daughters becoming intervenors, as they were partial beneficiaries of trusts, which were initially considered part of the marital estate.

There was approximately £50 - £60 million worth of assets to consider, which included inherited wealth and pre-marital/non-matrimonial assets.  There was also $50 million held in an offshore trust, of which the children were the principal beneficiaries.  It was ultimately agreed that the trust would not be included in the asset calculation.

The wife maintained that her property bought pre-marriage had been preserved as her own separate property, which Mrs Justice Roberts accepted, rejecting the husband’s claim that the property had been ‘matrimonialised’ due to his activities as investment manager of the wife’s pre-marital wealth during the parties’ marriage.  Having categorised the assets, Mrs Justice Roberts stated that the wife was entitled to the full value of her share of the matrimonial assets.  The wife was therefore awarded the matrimonial property in London and a lump sum of £6,362,445.  The chattels were to be divided as previously agreed and the parties were both to be equally responsible for providing their housekeeper with a pension.  This was a clean break Order.

The full judgement can be read here

If you have any questions regarding this summary case law please contact Claire Robson here

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