B v B

MR DAVID SALTER (sitting as a deputy judge of the Family Division of the High Court) ____________________

"If a party is going to assert the existence of pre-marital assets then it is incumbent on him to prove the same by clear documentary evidence".

I cannot overstate the importance of this principle and the onus of proof which it places upon the husband.

However, these figures are based on past data as we have not seen any current year records. They are consistent with the last three years' drawings levels nevertheless. We understand that [the husband] has drawn out money for legal fees and, based on information provided by [the husband], we anticipate drawings to be no lower than in previous years."

Equally, there are items which are not long-term commitments, namely, rent of �975 per month, legal fees of �1,200 per month and the lease payments of the wife's Porsche Boxster, which will end in July 2013, of �815 per month. It may be possible for the car lease to be terminated prematurely, should the wife decide to purchase a car. These three items total �2,990 and reduce the wife's schedule of outgoings to �3,405. Mr Ferm takes issue with certain items in the schedule, for example, petrol.