22 June 2017, by Taylor King Family Law Solicitors
In dividing the assets on divorce, those acquired during the marriage are shared equally unless there is a good reason for departure. This is called the sharing principle.
In the case of Gray v Work, Mr Work the husband, sought a larger share of the assets on the basis of the amount of wealth he had generated during the marriage. he asked the court that this wealth should be generated as a “special contribution”. The husband sought 61% of the assets on the basis that he had generated 225 million dollars.
The court of appeal confirmed the following, if there was to be a departure from equality;
- The contribution had to be wholly exceptional, so that it would be inconsistent with the objective of achieving fairness.
- Exceptional earning were a relevant factor
- The disparity in contributions was relevant to the welfare of the family.
- There is no discrimination against the homemaker.
- The special contribution must be unmatched by the other party.
- The amount of wealth may be so extraordinary as to be exceptional.
- There is no threshold.
The husband’s appeal against an equal share of the assets was dismissed. This case shows how difficult it is to argue a departure from equality in relation to assets acquired during the marriage.
If you would like to find out more information about the issues raised above, please contact Susan Taylor. 0161 883 0460 or email firstname.lastname@example.org