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Critchell v Critchell [2015] EWCA Civ 436 (30 April 2015)
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This appeal concerns ancillary relief proceedings and, in particular, the application of the principle in Barder v Barder (Caluori intervening) [1987] 2 FLR 480. The appellant is Anthony Critchell ("the husband"). The respondent is Charlotte Critchell ("the wife").
The parties are in their mid forties. They were married in 2001. They have two daughters aged 14 and 12. They separated in August 2010. The husband moved out of the former matrimonial home leaving the wife living there with the children. He bought himself a home using £85,000 borrowed from his father and £63,000 taken on mortgage.
On 12 March 2013, a financial dispute resolution hearing took place before District Judge Mullis. At the time, the only significant matrimonial asset was the former matrimonial home. It was worth approximately £190,000. There was a mortgage of £10,000. Allowing for notional costs of sale, the net equity was therefore taken as £175,000. The husband's home had little, if any equity. In her Form E financial statement dated September 2012, the wife said that she was working part time, earning a modest salary as a hair stylist and also receiving working and child tax credits and child benefit. The husband is a painter and decorator who works as a sole trader. In his Form E dated August 2012, he estimated that his net annual income was £5,000 but noted that he had been unable to work full time because of an injury and hoped that his income would improve later in 2012. He too was receiving working tax credit. He was paying some maintenance for the children through the Child Support Agency.
This appeal concerns ancillary relief proceedings and, in particular, the application of the principle in Barder v Barder (Caluori intervening) [1987] 2 FLR 480. The appellant is Anthony Critchell ("the husband"). The respondent is Charlotte Critchell ("the wife").
The parties are in their mid forties. They were married in 2001. They have two daughters aged 14 and 12. They separated in August 2010. The husband moved out of the former matrimonial home leaving the wife living there with the children. He bought himself a home using £85,000 borrowed from his father and £63,000 taken on mortgage.
On 12 March 2013, a financial dispute resolution hearing took place before District Judge Mullis. At the time, the only significant matrimonial asset was the former matrimonial home. It was worth approximately £190,000. There was a mortgage of £10,000. Allowing for notional costs of sale, the net equity was therefore taken as £175,000. The husband's home had little, if any equity. In her Form E financial statement dated September 2012, the wife said that she was working part time, earning a modest salary as a hair stylist and also receiving working and child tax credits and child benefit. The husband is a painter and decorator who works as a sole trader. In his Form E dated August 2012, he estimated that his net annual income was £5,000 but noted that he had been unable to work full time because of an injury and hoped that his income would improve later in 2012. He too was receiving working tax credit. He was paying some maintenance for the children through the Child Support Agency.
