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Family Law

The leading authority on all aspects of family law

22 OCT 2007

ANCILLARY RELIEF: CR v CR [2007]

(Family Division; Bodey J; 22 October 2007)

It was important that the strands identified by the House of Lords in Miller v Miller; McFarlane v McFarlane [2006] 1 FLR 1186 as underlying the notion of fairness did not become elevated into separate 'heads of claim' or 'loss' independent of the words of the statute. Such an approach created a real danger of double counting. In the instant case, in which the husband had accumulated significant post-separation assets, there was no good reason for the wife to leave the marriage with less than half of the total assets at the date of the hearing, including the post-separation accruals. The wife's argument for a share of the future enhanced value of the husband's shares was rejected, and there was no compensation factor in this instance, however it would not be fair to ignore the big income imbalance in the case, and the wife would be awarded an additional capital payment, associated with the wife's reasonable requirements, generously assessed.

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