Sharp v Sharp [2017] EWCA Civ 408 (13 June 2017)

Sharp v Sharp [2017] EWCA Civ 408 (13 June 2017)

The Court of Appeal held that in a short, childless marriage where both parties worked, maintained separate finances, and where substantial bonuses were earned by one party, there is scope to depart from the equal sharing principle. The division should reflect the nature and source of the assets, the duration of the marriage, and the parties' financial arrangements. The wife's bonuses, earned during the marriage but not pooled, were unilateral assets and should not be subject to equal sharing. The court reduced the husband's award to reflect this, departing from the 50% division ordered at first instance.

Citation
[2017] EWCA Civ 408
Parties
Appellant: Julie Therese Sharp; Respondent: Robin Duncan Sharp
Jurisdiction
England and Wales
Judgment Date
13 June 2017
Procedural Posture
Appeal From High Court, Family Division / Court of Appeal Judgment
Outcome
Appeal allowed in part; equal sharing principle departed from
Legal Topics
Financial Provision on Divorce, Division of Matrimonial Assets, Short Marriage, Dual Career Family, Sharing Principle, Matrimonial Causes Act 1973 S.25
Family Law Financial Provision on Divorce Division of Matrimonial Assets Short Marriage Dual Career Family Sharing Principle Matrimonial Causes Act 1973 S.25

Case Brief

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Parties

Julie Therese Sharp

Appellant

Robin Duncan Sharp

Respondent

Procedural Posture

Appeal From High Court, Family Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether equal sharing of matrimonial assets is appropriate in a short, childless marriage where both parties worked and maintained separate finances
  2. 2 Whether substantial bonuses earned by one party during the marriage should be shared equally
  3. 3 Application of the sharing principle to unilateral assets in dual career marriages

Ratio Decidendi

The Court of Appeal held that in a short, childless marriage where both parties worked, maintained separate finances, and where substantial bonuses were earned by one party, there is scope to depart from the equal sharing principle. The division should reflect the nature and source of the assets, the duration of the marriage, and the parties' financial arrangements. The wife's bonuses, earned during the marriage but not pooled, were unilateral assets and should not be subject to equal sharing. The court reduced the husband's award to reflect this, departing from the 50% division ordered at first instance.

Court Disposition

Appeal allowed in part; equal sharing principle departed from

Orders

  • Husband's award reduced from 50% of matrimonial assets to reflect exclusion of wife's unilateral bonuses
  • Division of assets to be adjusted in accordance with Court of Appeal's reasoning