header-logo header-logo

Divorce—Financial provision—Matters to be considered by court when making order

07 June 2007
Issue: 7276 / Categories: Case law , Law reports
printer mail-detail

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

Court of Appeal, Civil Division

Sir Mark Potter P, Thorpe and Wilson LJJ

24 May 2007

Determination of whether there should be any “special contribution” by one party under s 25 of the Matrimonial Causes Act 1973 (MCA 1973) takes place within the statutory exercise. The “sharing principle” applies to all the parties’ property but, to the extent that their property is non-matrimonial, there is likely to be better reason for departure from equality.

Barry Singleton QC, Alan Boyle QC, Deborah Eaton, Deepak Nagpal and Dakis Hagen (instructed by Withers LLP) for the husband.
Martin Pointer QC, Christopher Nugee QC, James Ewins and Andrew Mold (instructed by Manches LLP) for the wife.

The parties married in 1976. To the marriage they brought their earning capacities but at that time they had in effect no capital assets. They had two children. Considerable assets were earned by the husband during the marriage. In 2004 the wife issued

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll