header-logo header-logo

10 January 2008 / Nicholas E Starks
Issue: 7303 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

Fairness is all

How are courts likely to divvy up the spoils of a failed relationship in 2008? asks Nick Starks

Vaughan v Vaughan [2007] EWCA Civ 1085, [2007] All ER (D) 43 (Nov) is a welcome and much needed example of the application by the Court of Appeal of big money ancillary relief principles to a more conventional divorce—involving a house, pensions and some savings—rather than one of huge assets or “stellar” contributions.

 

It is trite law that in considering making orders for financial provision, the district judge is charged with an inquiry into the size of the parties’ resources and to identify factors which might justify a departure from equality of division of them—described by Sir Mark Potter P in Charman v Charman [2007] EWCA Civ 503, [2007] All ER (D) 425 (May) as the “sharing principle”: “Property should be shared in equal proportions unless there is good reason to depart from such proportions; departure is not from the principle but takes place within the principle.” This inquiry, when balanced

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

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll