A wife has been ordered to pay her husband £120,000 after trying to thwart the terms of their divorce settlement. 

Case Background 

The couple had run a property lettings business together, with all properties in the wife’s name, including the matrimonial home. A final order in 2021 provided for an equal division of assets, selling three rental properties (Properties A, B, and C) for the husband’s benefit, while the wife retained the matrimonial home and other assets. 

Non-Compliance with Court Orders 

The wife frustrated the execution of the order by: 

• Refusing to authorize the marketing and sale of the properties
• Granting new tenancies in breach of court orders 
• Borrowing additional money against Property B 
• Surrendering Property A to its mortgage lender 

These actions forced the husband to sell Property A at an undervalue, and Properties B and C remained unsold. 

Court’s Decision 

In 2022, the wife was ordered to pay the husband the rental income from the properties she received. She argued for the order to be set aside due to ill health preventing her attendance at the hearing. The husband contended that her actions caused significant losses and requested an adjustment in the capital division. 

The court found in favor of the husband, stating it was inappropriate to set aside the 2022 order. The wife’s non-attendance due to ill health was not accepted, given her active steps to avoid compliance with the settlement. She was ordered to pay the husband a lump sum of £120,200, representing a shift in capital division from a 51/49 split to roughly 60/40 in the husband’s favor, to compensate for her actions.