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31 May 2007
Issue: 7275 / Categories: Case law , Law digest
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FAMILY LAW

Charman v Charman [2007] EWCA Civ 503, [2007] All ER (D) 425 (May)

In ancillary relief proceedings where the court was carrying out the statutory balancing exercise under s 25 of the Matrimonial Causes Act 1973, consideration of the “sharing principle” is no longer required to be postponed until the end of the statutory balancing exercise. The principle is that property should be shared equally in the absence of a good reason for departure from equality. The inquiry is always in two stages: computation and distribution.

A court should first consider the matters set out in s 25(2)(a)—the property, income (including earning capacity) and other financial resources which the parties have and are likely to have in the foreseeable future. Likely future income always has to be appraised. The three main principles which together form the second stage of the inquiry—need, compensation and sharing—have to be applied in the light of the size and nature of all the computed resources.

The principle of need requires consideration of the financial needs, obligations and responsibilities of the parties, of

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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

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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