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All about the evidence

15 March 2013 / Anna Heenan
Issue: 7552 / Categories: Features , Divorce , Family , Ancillary relief
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Anna Heenan examines the implications of the latest in a long line of inherited assets cases

The decision in Davies v Davies [2012] EWCA Civ 1641 is likely to be of use to practitioners for its consideration of how to deal with an inherited business to which the wife had made a significant contribution during a short marriage. The case also highlights the importance of valuation evidence in cases dealing with inherited assets, echoing the emphasis on case preparation in decisions such as X v X [2012] EWHC 538 (Fam) and B v B [2012] EWHC 314 in the early part of 2012.

Background

The full details of the parties’ financial position are not set out in the judgment. However, the key asset for the purposes of the appeal was a successful London hotel, owned and run by the husband.

It is important to be aware of the distinction between the hotel business and the buildings occupied by that business (the premises). The hotel business was originally set up

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