Case Law
This case established a new framework for dividing marital assets between the 'breadwinner' and the 'homemaker'. It sets a benchmark of a 50:50 split based on marriage being a partnership and that the contribution of 'homemaker' is just as important as that of the 'breadwinner'.
Financial provision – Divorce – Appeals – Exercise of judge’s discretion – Proportionality of costs
Financial relief – Divorce – Principles to be applied by court – Conduct – Contributions – Assets – Clean break – Departing from yardstick of equality
Financial relief – Divorce – Short childless marriage – Principles to apply – Evidence as to causes of breakdown of marriage – ‘Legitimate expectation’ of wife as to standard of living post-marriage
Financial relief – Periodical payments – Capital element – Clean break – Substantial future surplus of income over expenditure – Whether periodical payments could include an element of capital – Joint lives or term order
Financial provision – Pension rights – Treatment of pension funds as equal to capital funds – Failure to compare like with like – Husband’s prospect of receiving capital or income from pension fund deferred if not distant
Financial provision – Periodical payments – Fixed term – Application for extension – Court’s obligation to consider bringing financial relations to conclusion – Impact of prolonged cohabitation – Effect of legitimate expectation that obligations would end
Financial provision – Lump sum order – Wealthy husband – Wife cohabiting with man of relatively insubstantial means – Conduct irrelevant – Whether judge justified not taking cohabitation into account - Lump sum – Wife cohabiting with another man – Effect on quantum
Ancillary relief – Whether judge could make periodical payments order for benefit of children – Whether Mesher order to be granted
Divorce – Financial provision – Discretion – Fairness – Factors justifying departure from equality – Reasonable requirements not to be used as ceiling on award
Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request
Ancillary relief – Letters of request – Assets in offshore trust – Conjectural documents – Fishing expeditions – Jurisdiction of court to order letters of request
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