Jones v Jones [2011] EWCA Civ 41, [2011] All ER (D) 231 (Jan)
Court of Appeal, Civil Division, Sir Nicholas Wall P, Arden and Wilson LJJ, 28 Jan 2011
The Court of Appeal has overruled the decision in GW v RW (Financial Provision: Departure from Equality) EWHC 611 (Fam) [2003] All ER (D) 40 (May).
Martin Pointer QC and Geoffrey Kingscote (instructed by Mishcon de Reya) for the wife.
Lucy Stone QC and Marcus Lazarides (instructed by Levison Meltzer Pigott) for the husband.
The parties married in 1996 when the husband was the sole owner of a company which had been in operation for 10 years. They separated in 2006 and a decree absolute of divorce was made in the wife’s favour. She commenced proceedings for ancillary relief. While those proceedings were underway the husband sold the company for £25m. The net assets of the parties at the date of the hearing was £25m. The wife’s claim was for a lump sum payment by the husband of £10m. She conceded that the husband’s ownership of the company at the date of the marriage justified departure
