Robertson v Robertson [2016] EWHC 613 (Fam)
Citation: Robertson v Robertson [2016] EWHC 613 (Fam)
Rule of thumb: If a man & woman were married, and both worked the whole time, what is the split on assets on a divorce? The general presumption is a 50/50 split, although the ‘special contribution’ principle was affirmed – this affirms that in order for the Court to consider departing from the 50/50 split a significant body of clear evidence has to be presented to them, with the 50/50 split presumption able to be rebutted.
Judgment:
“the methodology is a tool and not a rule... 49% to the wife and 51% to the husband... so unfair to the husband on the facts and in the circumstances of this case, and so over-generous to the wife... scale of the wealth in the case was large enough to admit consideration of special contribution... the husband did not … make a special contribution during the marriage as that concept is understood and applied by the courts”, Holman J.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.