Success for Natasha Khalique at financial remedy hearing
February 2, 2024
The judgment – Wife v Husband  EWFC 273 (B) considered a number of issues including how the duration of a marriage impacts on inheritance, the dissipation of marital assets and the conduct of the parties during the course of proceedings.
Nastasha acted for the Wife who, in 2019, had successfully made an application under section 37 of the Matrimonial Causes Act 1973 to restrain the Husband from dealing with assets, specifically three vehicles and the proceeds of sale of another property, situated next to the former matrimonial home. The Wife also sought and was granted an occupation order in relation to the former matrimonial home. Matters did not progress smoothly largely as a consequence of the Husband’s total failure to engage properly in procedural requirements.
In her judgment following the Wife’s financial remedies application, DJ Masters said that the Husband’s evidence was “shifty and unreliable” and he did not present as a “straightforward, honest man”.
DJ Masters ruled that the matrimonial home should be transferred to the Wife on the basis that she used her best endeavours to obtain the Husband’s release from the mortgage.
In terms of the other assets, DJ Masters said that “they have, quite literally gone” and there had been “dishonest intent” behind the Husband’s transactions. She said that as the Husband had deliberately sought to evade the matrimonial claims made by the Wife that must influence her awards.
With the Husband’s army pension being “the only concrete asset remaining” DJ Masters ruled that although it was unarguably a premarital asset and not therefore an asset to which the court would normally look to in making awards for the Wife, she intended to award 50% to the Wife.
In further granting the Wife’s application for a lump sum, DJ Masters said she was satisfied that the Husband had the resource to cash sums. She also made an award of costs against the Husband in favour of the Wife.
Natasha Khalique was instructed by Helen Stoller, Partner at Poole Alcock.