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ARTICLE · 15 NOVEMBER 2017

Contributions To A Marriage - Still Searching For That Something Special?

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The starting point is that marital assets should be split 50:50, unless there is 'good reason' to order otherwise.

United StatesLitigation, Mediation & Arbitration
Sarfraz Ali
Sarfraz Ali
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Marriage is a partnership of equals. In the case of White v White [2001], the most senior judges in England recognised that there is 'no place for discrimination between the husband and wife and their respective roles' when it comes to determining a 'fair' division of the matrimonial property upon divorce. The starting point is that marital assets should be split 50:50, unless there is 'good reason' to order otherwise.

In our Spring 2015 Newsletter, Michael Gouriet and Jemma Thomas provided a detailed overview of the case law relating to one such 'reason' to depart from equality, namely the 'special contribution' of one spouse to the marriage. The article references the first instance judgment in this case of Work v Gray, handed down in April 2015 and in which Mr Justice Holman found that Mr Work's claim for special contribution did not have the requisite 'exceptional and individual quality' to justify an unequal split of the pot. Mr Work had undoubtedly

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