Source: All England Reporter
Publisher Citation: [2012] All ER (D) 18 (Jan)
Neutral Citation: [2011] EWHC 3230 (Fam)
Court: Family Division
Judge: Charles J
Representation Brent Molyneux for the husband.
  Jonathan Swift for the wife.
Judgment Dates: 21 December 2011

Catchwords

Family proceedings - Orders in family proceedings - Financial provision - Husband having significantly greater assets than wife - Partiesexecuting marriage settlement before marriage - Parties subesquently separating - Judge ordering husband to pay lump sum to wife for purchase of home for children - No charge back being ordered on lump sum - Whether judge erring in not ordering charge back - Whether judge erring in giving only limited weight to marriage settlement - .

The Case

Family proceedings Orders in family proceedings. The Family Division, in allowing the husband's appeal against a decision not to award a charge back on the lump sum awarded to the wife, held that the judge had erred in the weight she gave to a marriage settlement and that a 33.3% charge back should have been made on the lump sum.

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