Does Charman v Charman mean farewell to the yardstick of equality? asks Nicholas Starks
Charman v Charman [2006] EWHC 1879 (Fam), [2006] All ER (D) 32 (Aug), a decision of Mr Justice Coleridge, was the first reported case to consider the ramifications of the House of Lords’ decision in Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1. It also involved the largest reported award (£48m) in an ancillary relief case. Central to the case was the issue of “stellar contributions”: given a 27-year marriage—to which the wife had fully contributed—and huge assets—£131m, generated by the singular talent of the husband—should the court depart from equality of division to reflect the husband’s wealth generation and, if so, how far?
The appeal of Coleridge J’s decision was handed down on 24 May 2007 ([2007] EWCA Civ 503, [2007] All ER (D) 425 (May)), on the anniversary of the Lords’ decision in Miller; McFarlane. The Court of Appeal has abandoned the pretence of a yardstick of equality and heralded in a principle of equal sharing of all assets in the absence
