header-logo header-logo

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

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

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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll