Scatliffe v Scatliffe [2017] AC 93, 2016 UKPC 36
Citation: Scatliffe v Scatliffe [2017] AC 93, 2016 UKPC 36
Rule of thumb: What is the starting point for divorce settlements? The basic starting point is all assets split at 50/50. The onus of proof then lies on the parties to provide evidence for why this should not be enforced if they seek to rely on exceptions to this.
Judgment:
The Court in this case affirmed the equal sharing of matrimonial assets in divorce settlements - with the 50/50 sharing of assets the "ordinary case" starting point, with the case for more of the matrimonial property to be decided according to ‘need or compensation’. After all the assets are added up and split down the middle, parties can then make arguments based on ‘need or compensation’ to make the case that they deserve more than 50/50, ‘So in an ordinary case the proper approach is to apply the sharing principle to the matrimonial property and then to ask whether, in light of all matters... the result of so doing represents an overall appropriate disposal... it should ask whether the principles of need of compensation, best explained in the speech of Lady Hale in the Miller case at paras 137 to 144, require additional adjustment in the form of transfer to one party of further property, even of non-matrimonial property, held by the other’, Lord Wilson at 25
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