Divorce

Fairness was not just about arithmetic and precision of calculation but a broad recognition by the court, after considering all the factors, of the value of the claimant’s role in the whole marital partnership. The general rule that the date of the trial was the date when both the categorisation of the pot and its value was assessed, should not easily be circumvented. The proposition that merely because an asset came into existence after the date of separation it should be excluded was far too simplistic and was not appropriate when a respondent’s efforts were merely a seamless continuum of similar pre-separation activity and there was no obvious delay in the proceedings.