header-logo header-logo

08 September 2017
Issue: 7760 / Categories: Legal News , Divorce , Family
printer mail-detail

Divorce law left ‘in state of flux’ post Hart

The law has ‘been left in a state of flux’ following a case where a wife’s claim for an equal share of assets was refused despite her husband having been found to have presented incomplete and misleading information during divorce proceedings.

Karen Hart received a limited settlement of assets worth £3.5m out of total resources worth nearly £9.4m after a 23-year marriage because her husband claimed he brought significant wealth to their relationship, even though the judge said he was unable to determine which assets were from the marriage due to the husband’s ‘poor’ approach to disclosure and, at times, ‘deliberately obstructive’ evidence.

Mrs Hart appealed, arguing her settlement was unfair. However, the Court of Appeal dismissed her case last week, in Hart v Hart [2017] EWCA Civ 1306. The case has lasted six years and cost more than £500,000 in legal fees.

Delivering his judgment, Lord Justice Moylan said the trial judge had been entitled to limit Mrs Hart’s settlement to what he felt she needed and that it was ‘an evaluative or discretionary decision’.

Nicola Walker, partner at Irwin Mitchell Private Wealth, who acted for Mrs Hart, said: ‘The decision of the Court of Appeal leaves the law in a state of flux; it allows a trial judge to find that even where it is not properly evidenced, the financial contribution of one spouse outweighs the family and domestic contribution of the other.

‘This can lead to a result that is unfair and discriminatory, as it has done in this case. More such results are likely to follow, with the potential to set the law back more than 20 years.’ 

Issue: 7760 / Categories: Legal News , Divorce , Family
printer mail-details

MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
back-to-top-scroll