Will the Court of Appeal provide some helpful guidance on the doctrine of “special contribution” in Work v Gray, asks Elizabeth Carson
- Can a departure from an equal division of the assets be justified if one party generates significant wealth?
- A lack of clarity in previous cases means that practitioners are hoping for practical guidance on what constitutes a contribution that is special enough.
This month’s Court of Appeal hearing of Work v Gray may decide the fate of the “special contribution” argument in matrimonial cases.
The husband, who had generated a fortune of $300m during the course of the marriage, argued that he had made a “special contribution” that necessitated a departure from equality in his favour. Mr Justice Holman disagreed, and divided the assets equally between husband and wife (see [2015] EWHC 834 (Fam)). Last year the Court of Appeal granted permission to the husband to appeal (see [2016] EWCA Civ 286).
What does it mean to make a “special contribution”?
When considering how to divide family assets in a divorce, judges look to the factors set out in s 25 of the Matrimonial
