Family Law Hub

Sharing Principle

Latest updates

  • High value financial remedy appeal where the main focus was the judge's finding that he was unable to determine the value or future liquidity of the major business asset and his decision to make a so called Wells order. The court also addressed the impact of a pre-marital agreement, non-matrimonial assets and the sharing principle. Lord Justice Lewison, in the third judgment, makes some interesting points in relation to the difficulties in valuing private companies. The appeal was dismissed. Judgment, 11/05/2018, free
  • The court ruled that an earning capacity was not capable of being a matrimonial asset to which the sharing principle applies. Also, the court rejected the argument that the wife's capital, apart from her housing need, should be preserved and should not be used in any way to meet her income needs. Judgment, 13/04/2018, free
  • The issues in this financial provision case in which the husband was appealing were: 1) whether the judge had jurisdiction to make an order in respect of the children of the family; 2) whether the quantum of the periodical payments made in respect of the wife's income claims was fair in circumstances where the net effect of the judge's order left in the wife's hands the greater share of the husband's net disposable monthly income; and 3) whether the judge's departure from equality in terms of the capital division was fair in circumstances where the husband was left with a reduced share from which to meet his own future housing needs. The appeal was dismissed. Judgment, 14/12/2017, free
  • Appeal by W against order that she should be awarded more than £3.5m, where the assets totalled £9.4m after a long marriage, and involving consideration of non-matrimonial property. Appeal dismissed as the judge had not erred in reaching his decision. Judgment, 08/09/2017, free
  • Appeal by W against orders in financial remedy proceedings on grounds that short marriage justified departure from equality. Appeal allowed and division of capital order replaced with a property adjustment order. Judgment, 13/06/2017, free

Latest know-how

  • The court ruled that an earning capacity was not capable of being a matrimonial asset to which the sharing principle applies Case note, 15/05/2018, members only
  • In a tweet: Broad flexible approach adopted when applying the sharing principle to non-matrimonial property Case note, 06/10/2017, members only
  • In a tweet: No departure from equality on grounds of special contribution Case note, 11/05/2017, members only
  • In a tweet: No development in the guidance on special contribution cases Case note, 10/05/2017, members only
  • Republished from the Dictionary of Financial Remedies 2017. You can read more about the book and order a print copy at www.classlegal.com/dfr Practice note, 05/05/2017, members only

Latest training

  • 12 questions on 3 cases summarised in the May 2018 Family Law Hub Digest CPD course, 05/06/2018, members only
  • Joe Switalski, of 29 Bedford Row, reviews the current case law and judicial thinking surrounding 'short marriages' in financial remedy proceedings. Recorded 19 March 2018. Webcast, 21/03/2018, members only
  • Alexis Campbell QC and Charlotte Trace, of 29 Bedford Row, review the key financial remedy cases and themes from the past 12 months and look at how they will affect judicial thinking and your own cases in the year to come. Webcast, 16/03/2018, members only
  • Questions to accompany webinar recorded on 22 January 2015. You will need to have the notes available when answering the questions. CPD course, 30/01/2015, members only
  • Nigel Shepherd from Mills & Reeve looks at the latest thinking on matrimonial v non-matrimonial assets. He also looks ahead to the possible impact of the Law Commission proposals due for release by the end of the year. Webcast, 01/10/2013, registration required

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Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

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