Edward Heaton considers a surprising case that illustrates how difficult it is to run a successful add-back argument
This article considers the recent High Court decision in the case of MAP v MFP [2015] EWHC 627 (Fam), [2015] All ER (D) 251 (Mar), in which Mr Justice Moor considered, among other things, the extent to which heavy expenditure by the husband, post separation, should be taken into account in the distribution of assets on divorce.
The case highlights the difficulties involved in running a successful “add-back” argument and may come as a surprise to the casual observer.
Background
The husband was 62 and was the managing director of a property maintenance company in which he had a 95% shareholding. The wife was soon to be 61 and was both the company secretary and the financial control manager of the company. She owned the remaining 5% of the shares.
The parties were married in 1972 and had separated some 40 years later in 2012.
The entirety of the financial resources available to the parties had
