High earners & sacrificed careers

04 June 2020 / Stacey Nevin

Issue: 7889 / Categories: Features , Family , Divorce

Stacey Nevin reports on the nuances of a successful appeal for ‘relationship generated disadvantage’

Looks at RC v JC, where the wife claimed for relationship generated disadvantage.
Claims for compensation are loss-related not needs-related.

In the recently reported case of RC v JC [2020] EWHC 466 (Fam), the respondent wife successfully pursued a claim for compensation for her ‘relationship generated disadvantage’. Giving judgment, Mr Justice Moor accepted ‘that it is unusual to find significant relationship generated disadvantage that may lead to compensation’ but was ‘clear that this is one such case’.

Principle of compensation

The principle of compensation was firmly established and last successfully used in the 2006 case of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24. Since then, there have been no reported cases where the principle has been argued successfully, until RC v JC.

In McFarlane, the House of Lords identified three principles to guide the court when trying to achieve a fair outcome for the parties: needs (generously

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High earners & sacrificed careers

Stacey Nevin reports on the nuances of a successful appeal for ‘relationship generated disadvantage’

Looks at RC v JC, where the wife claimed for relationship generated disadvantage.
Claims for compensation are loss-related not needs-related.

Principle of compensation

In McFarlane, the House of Lords identified three principles to guide the court when trying to achieve a fair outcome for the parties: needs (generously

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

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High earners & sacrificed careers

Principle of compensation

Principle of compensation

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