header-logo header-logo

22 May 2008 / Elizabeth Carson
Issue: 7322 / Categories: Features , Divorce , Family
printer mail-detail

Divorce law Update

Justified departure from equality >>
Assets brought to marriage

pre-acquired assets

In two recent cases, the court has highlighted the principle that pre-acquired assets, whether inherited or built up prior to the marriage, should be treated differently from other assets and may justify a departure from equality.
B v B [2008] EWCA Civ 543, [2008] All ER (D) 282 (Mar)

This case, heard by the president and by Lords Justices Wall and Hughes, was an appeal by the wife from earlier decisions that did not take into account the fact that the entirety of the parties’ assets derived from money that she had inherited long before she commenced her relationship with the husband.

Background

The parties began cohabiting in 1989, and married in 1992. They separated in 2004. They had one child, a son born in 1992. 
The wife had inherited substantial sums from her father when she was a child. When the parties met she was living partly on inheritance and partly on earnings. She also rented out a flat, in a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll