Sharp v Sharp

Sharp v Sharp

In a short, childless, dual career marriage where the parties maintained separate finances and where the wealth was generated unilaterally by one party, fairness may require a departure from the equal sharing principle. The majority in Miller established that the duration of the marriage, the source of the assets, and the way the parties conducted their finances may justify such a departure, even in the absence of a pre-nuptial agreement. The trial judge erred in applying an inflexible 50/50 division; the husband's award should be reduced to reflect these factors.

Parties
Appellant: Julie Therese Sharp; Respondent: Robin Duncan Sharp
Jurisdiction
England and Wales
Judgment Date
13 June 2017
Procedural Posture
Civil Appeal (family/matrimonial) / Appeal From High Court (family Division) to Court of Appeal
Outcome
appeal allowed in part (substantive); appeal on costs dismissed
Legal Topics
Division of Matrimonial Assets, Short Marriage, Dual Career Marriage, Separate Finances, Sharing Principle, Departure From Equality, Matrimonial Property, Non Matrimonial Property
Family Law Division of Matrimonial Assets Short Marriage Dual Career Marriage Separate Finances Sharing Principle Departure From Equality Matrimonial Property +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Julie Therese Sharp

Appellant

Robin Duncan Sharp

Respondent

Procedural Posture

Civil Appeal (family/matrimonial) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the equal sharing principle applies to all assets in a short, childless, dual career marriage with separate finances
  2. 2 Whether the manner in which the parties conducted their finances justifies a departure from equal division of assets
  3. 3 Whether the absence of a pre-nuptial agreement precludes a departure from the sharing principle

Ratio Decidendi

In a short, childless, dual career marriage where the parties maintained separate finances and where the wealth was generated unilaterally by one party, fairness may require a departure from the equal sharing principle. The majority in Miller established that the duration of the marriage, the source of the assets, and the way the parties conducted their finances may justify such a departure, even in the absence of a pre-nuptial agreement. The trial judge erred in applying an inflexible 50/50 division; the husband's award should be reduced to reflect these factors.

Court Disposition

appeal allowed in part (substantive); appeal on costs dismissed

Orders

  • Set aside the High Court's order as to division of capital assets.
  • Order that the husband receive the SD property (valued at £1.1M) and a lump sum of £900,000, totalling £2M.