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10 February 2017 / Elizabeth Carson
Issue: 7733 / Categories: Features , Family
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Special effects

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Will the Court of Appeal provide some helpful guidance on the doctrine of “special contribution” in Work v Gray, asks Elizabeth Carson

  • Can a departure from an equal division of the assets be justified if one party generates significant wealth?
  • A lack of clarity in previous cases means that practitioners are hoping for practical guidance on what constitutes a contribution that is special enough.

This month’s Court of Appeal hearing of Work v Gray may decide the fate of the “special contribution” argument in matrimonial cases.

The husband, who had generated a fortune of $300m during the course of the marriage, argued that he had made a “special contribution” that necessitated a departure from equality in his favour. Mr Justice Holman disagreed, and divided the assets equally between husband and wife (see [2015] EWHC 834 (Fam)). Last year the Court of Appeal granted permission to the husband to appeal (see [2016] EWCA Civ 286).

What does it mean to make a “special contribution”?

When considering how to divide family assets in a divorce, judges

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NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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