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Vivien Croly, instructed by Abigail Whelan of TLT LLP, successfully  represented the Applicant Husband at a final hearing for financial remedy in the case of H v W [2024] EWFC 480 (B).

Background and Issues 

Both Husband and Wife were elderly with significant health needs, resulting in numerous adjournments, and requiring considered participation directions. The court were asked to determine three issues: the marriage’s duration, which assets and properties were matrimonial, and whether there had been misappropriation of joint funds by Wife.

The court assessed both parties’ needs, and the extent to which the duration of marriage and any identified non-matrimonial assets were to be utilised to meet those needs. It considered how, if established, any misappropriated funds should be dealt with.

Outcome

The court found the marriage was 13 years per Husband’s position, that all but one of the properties were matrimonial, there had been misappropriation of joint funds by Wife, and as there were insufficient assets to add back, the proper analysis was to characterise Wife’s cash assets as matrimonial, as they derived from joint assets.

The court ordered the sale of the main properties, with a lump sum to Husband, and a costs order against Wife.