C C v R C

Given the husband's substantial pre-marital wealth, fairness requires a departure from equal division; the wife is awarded 40% of the total assets, including pension assets, rather than 50%.

Parties: Applicant: C C; Respondent: R C
Jurisdiction: England and Wales
Judgment Date: 12 July 2007
Procedural Posture: Ancillary Relief (financial Remedy) Proceedings Following Divorce / Final Judgment
Outcome: Wife awarded 40% of total assets (including pension assets); both parties' applications for permission to appeal refused.
Legal Topics: Ancillary Relief, Division of Matrimonial Assets, Pre Marital Wealth, Sharing Principle, Needs Principle, Matrimonial Causes Act 1973

Family Law Ancillary Relief Division of Matrimonial Assets Pre Marital Wealth Sharing Principle Needs Principle Matrimonial Causes Act 1973

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 8

Parties

C C

Applicant

R C

Respondent

Procedural Posture

Ancillary Relief (financial Remedy) Proceedings Following Divorce / Final Judgment

Legal Issues

1 Whether pre-marital wealth justifies departure from equal sharing of assets
2 Whether the period of pre-marital relationship should be treated as part of the marriage for asset division
3 Application of the sharing principle versus needs principle in division of assets

Ratio Decidendi

Given the husband's substantial pre-marital wealth, fairness requires a departure from equal division; the wife is awarded 40% of the total assets, including pension assets, rather than 50%.

Court Disposition

Wife awarded 40% of total assets (including pension assets); both parties' applications for permission to appeal refused.

Orders

40% of the aggregated non-pension assets to the wife
40% of the pension fund to the wife