The court considered issues about the application of, and the relationship between, the principles of need, sharing and compensation in the determination of financial claims under the 1973 Act, specifically: (i) Is an earning capacity capable of being a matrimonial asset to which the sharing principle applies and in the product of which, as a result, an applicant spouse has a continuing entitlement to share? And (ii) How should the court assess whether an award determined by application of the sharing principle meets the party’s needs? More specifically to the arguments advanced in this case, to what extent is it fair for the wife to be required to use her sharing award to meet her income needs when the husband will meet his needs from earned income?
Judges:
Sir James Munby PFD, Moylan LJ, MacDonald J
Citations:
[2018] EWCA Civ 727
Links:
Statutes:
Jurisdiction:
England and Wales
Family
Updated: 13 April 2022; Ref: scu.608729