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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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