For the first time since the decision in Miller v Miller; McFarlane v McFarlane  UKHL 24, the Court of Appeal were asked to determine an appeal against the principal that matrimonial assets of a divorcing couple should be shared between them on an equal basis.
Mrs Sharp appealed against the High Court’s decision in her case to award her husband a capital sum totalling over £2.7 million pounds, equivalent to 50% of the marital assets.
The Court of Appeal on Tuesday upheld Mrs Sharp’s appeal and found that the husband should be awarded £2 million but dismissed her appeal against contributing towards Mr Sharp’s legal costs. The Court determined that a combination of factors including that the couple had no children, were both able to work, kept their finances separate and had a relatively short marriage justified a departure from equality.
We can advise you about the various options for reaching agreement, such as mediation or collaborative law, and if it does go to court we do everything possible to ensure a fair outcome. If you would like to find out more please contact Moore Blatch on 023 8071 8127.
In Julie Therese Sharp v Robin Duncan Sharp, the Court of Appeal ruled today that the combination of potentially relevant factors - a short marriage, no children, dual incomes and separate finances - was sufficient to justify departing from an equal sharing principle to achieve overall fairness between the two parties.