header-logo header-logo

22 May 2008 / Elizabeth Carson
Issue: 7322 / Categories: Features , Divorce , Family
printer mail-detail

Divorce law Update

Justified departure from equality >>
Assets brought to marriage

pre-acquired assets

In two recent cases, the court has highlighted the principle that pre-acquired assets, whether inherited or built up prior to the marriage, should be treated differently from other assets and may justify a departure from equality.
B v B [2008] EWCA Civ 543, [2008] All ER (D) 282 (Mar)

This case, heard by the president and by Lords Justices Wall and Hughes, was an appeal by the wife from earlier decisions that did not take into account the fact that the entirety of the parties’ assets derived from money that she had inherited long before she commenced her relationship with the husband.

Background

The parties began cohabiting in 1989, and married in 1992. They separated in 2004. They had one child, a son born in 1992. 
The wife had inherited substantial sums from her father when she was a child. When the parties met she was living partly on inheritance and partly on earnings. She also rented out a flat, in a building she owned in Chelsea. The husband was earning £250

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll