C C v R C [2007] EWHC 2033 (Fam) (12 July 2007)

C C v R C [2007] EWHC 2033 (Fam) (12 July 2007)

The husband's substantial pre-marital wealth justifies a departure from equal division of assets. The sharing principle applies, but the court must take into account the husband's established wealth prior to the marriage and relationship. The division should not be strictly equal, but reflect the significant resources the husband brought into the marriage.

Citation
[2007] EWHC 2033 (Fam)
Parties
Applicant: C C; Respondent: R C
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Ancillary Relief (financial Remedy) Following Divorce / Final Judgment
Outcome
Ancillary relief granted with departure from equality justified by husband's pre-marital wealth.
Legal Topics
Ancillary Relief, Division of Matrimonial Assets, Pre Marital Wealth, Sharing Principle, Needs Principle
Family Law Ancillary Relief Division of Matrimonial Assets Pre Marital Wealth Sharing Principle Needs Principle

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Parties

C C

Applicant

R C

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Following Divorce / Final Judgment

Legal Issues

  1. 1 Whether pre-marital wealth justifies departure from equal sharing of assets
  2. 2 Whether pre-marital cohabitation should be treated as part of the marriage for asset division
  3. 3 Application of the sharing principle to all property or only matrimonial property

Ratio Decidendi

The husband's substantial pre-marital wealth justifies a departure from equal division of assets. The sharing principle applies, but the court must take into account the husband's established wealth prior to the marriage and relationship. The division should not be strictly equal, but reflect the significant resources the husband brought into the marriage.

Court Disposition

Ancillary relief granted with departure from equality justified by husband's pre-marital wealth.

Orders

  • Division of assets to reflect substantial pre-marital wealth of husband; not an equal split.