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ARTICLE · 19 JUNE 2015

What Makes A Contribution Special?

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In the case of Lambert (2002), the Court of Appeal effectively shut the Pandora's box that had been opened by Cowan.

United KingdomFamily and Matrimonial
Michael Gouriet
Michael Gouriet
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When it comes to dividing matrimonial assets on divorce, one of the fundamental principles is that the court should not discriminate between the roles of homemaker and breadwinner – both are equally valid contributions to family life. As Lord Nicholls famously said: 'Each in their different spheres contributed equally to the family'.

Cowan – the floodgates opened

In some cases one party to the marriage argues that their contribution should be held in higher regard than that of their spouse, and that should be reflected in the division of resources. Following the landmark decision in Cowan v Cowan (2001), where the husband successfully argued that his contribution to the family finances (he was widely credited with inventing the now ubiquitous drawstring bin liner on a roll) was so extraordinary that he should receive 62% of the assets, rather than be held to a 50:50 division, there were a spate of cases where this argument was put forward. Coleridge J said at the

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