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DAVINA HAY, Associate, Schillings and DAVID SHERBORNE, Barrister, 5 Raymond Buildings
No one is certain where the saying ‘All's fair in love and war' began, although it probably dates back to the sixteenth century, and a little known English poet and playwright called John Lyly. Since then, thanks to the spoilsports who invented the Geneva Convention, ‘all' is no longer fair in ‘war' sadly. While ‘love' may still be permitted the odd trick or two, the Court of Appeal has clearly now decided that in the perfect union of these two concepts, namely divorce (and especially the ‘big money' variety), no such quarter will still be given. This is a grave drawback, particularly for wives who generally struggle in such cases to dismantle the complex financial structures which their erstwhile husbands have used to shield what was once their joint wealth.
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