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Charman judgement is handed down by the Court of Appeal
Charman judgement is handed down by the Court of Appeal upholding the original decision giving the wife £48 million, the highest divorce order ever made by an English court after a contested hearing. It represented about 36.5% of the family wealth.
David Hodson will post a full article soon. The case has strengthened the equality sharing principle and drawn back from some of the comments made in Miller in the House of Lords. Trust funds treated as a family asset, rather than the niceties and artificialities of trust law, was upheld. Special contribution if inequitable to disregard can be a reason to depart from equality, but then based on the manner of accrual not necessarily the sheer size, but only in range of departure of 55% – 67%. Departure from equality was warranted in this case due to his special contribution and the fact she was receiving the more secure, less risky assets. The Court called for reform of Parliamentary financial provision law. The full article follows but iFLG will happily deal now with any questions about the implications of the judgement. Contact
Posted on 24 May, 2007 by David Hodson
