P v P (application for financial remedy)

His Honour Judge Everall QC: This is an application for financial remedy brought by a wife. They began their relationship in 1989 and began to live together in that year. They married in June 2004. There are two children, C, born in 1992, now 22, and at university in the United States; A, born 1997, now 17, at public school in the U.K. and it is the expectation of the parties that A will too go on to university.

The parties separated in September 2012. On 16th May 2013 the wife issued her petition to dissolve the marriage. It proceeded undefended and the District Judge, on 5th January 2015, gave the certificate of entitlement to a decree and, from what I have been told this afternoon, it would appear that the decree has not yet been pronounced. So I suggest that among the orders I make is an order that the decree is listed before a District Judge for pronouncement.

On 7th June 2013, the wife issued her form A seeking financial remedies. Both before the relationship began and during the relationship, the wife has received substantial sums from her family by way of gift or inheritance. Thus most of the assets in this case belong to the wife. The sums have been received by the wife from Hong Kong. While some of these assets have been transferred to the United Kingdom, most have remained in Hong Kong. The orders which each of the parties seeks involve transfers of assets from wife to husband.

The asset schedule is agreed between counsel, subject to two points. In the circumstances of this case, I will also need to consider the asset schedule in order to identify what is or is not matrimonial property.

The final hearing took place before me, between 12th and 14th January 2015. I heard the oral evidence of the wife and of the husband; I heard submissions on 14 th January 2015; I reserved judgment.