Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Queer(y)ing consummation: an empirical reflection on the Marriage (Same Sex Couples) Act 2013 and the role of consummation
Alexander Maine, Lecturer in Law, Leicester Law School, University of LeicesterKeywords: Consummation – adultery – marriage – empirical research – LGBTQConsummation and...
A v A (Return Without Taking Parent) [2021] EWHC 1439 (Fam)
(Family Division, MacDonald J, 18 May 2021)Abduction – Application for return order under Hague Convention 1980 - Art 13(b) defence – Whether mother’s allegations against the father...
Domestic Abuse Toolkit for Employers
The Insurance Charities have released an update to the Domestic Abuse Toolkit for Employers.Employers have a duty of care and a legal responsibility to provide a safe and effective work...
Two-week rapid consultation launched on remote, hybrid and in-person family hearings
The President of the Family Division, Sir Andrew McFarlane, has announced the launch of a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the...
Pension sharing orders: Finch v Baker
The Court of Appeal judgment in Finch v Baker [2021] EWCA Civ 72 was released on 28 January 2021. The judgment provides some useful guidance on not being able to get what are essentially...
View all articles


Sep 29, 2018, 17:22 PM
Slug : murphy-v-murphy
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 18, 2009, 04:22 AM
Article ID : 86149

(Court of Appeal; Thorpe, Smith and Patten LJJ; 18 September 2009)

The husband and wife were both American; the relationship began in the USA, but the wife followed the husband when the husband's job required him to move to Europe. The couple were married in Ireland, and later lived in England. After 7 ? years of marriage, not long after the husband was made unemployed, the couple separated; both were about 40 years old.

In the ancillary relief proceedings the judge decided that the wife should receive 65% of the assets. In making the actual award, the judge took into account a deferred compensation payment scheme, even though it had been recorded as not a liquid fund, and used the wife's schedule of assets, which had been before the court to support the wife's argument that the husband had wasted £2 million of family money. The husband appealed. The monetary terms in which the judge had expressed the 65/35 division of assets had been incorrect. The judge should not simply have adopted the wife's schedule including the necessary calculations: the husband had not, as alleged by the judge, been vague in giving his evidence; the husband's final affidavit had been extremely clear about the limited nature of the value of the deferred compensation scheme. The wife should have cross-examined the husband on this point if she had wished to challenge his evidence; the wife's schedules were inconsistent with the evidence. The attributed value of the deferred compensation payment scheme would be taken out of the calculation of their respective shares. On the facts the husband had not wasted assets as alleged by the wife.

The judge had overstated the importance of the wife's needs, given that this had been an 8-year childless marriage and that both had a chance for a fresh start. However, the judge had been entitled to reject equality of division given the future earning capacity of both parties, and the desirability of a clean break.

Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from