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

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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