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Rebecca Delaney
Rebecca Delaney
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CIVIL PARTNERSHIP: Lawrence v Gallagher [2012] EWCA Civ 394
Date:13 APR 2012

(Court of Appeal; Thorpe, Moses LJJ, Ryder J; 29 March 2012)

The applicant awarded £1.69m of £4.175m total assets upon dissolution of civil partnership . First appeal of its kind. Relationship of 11 years, 7 months, civil partnership lasted 7 months. The respondent was a City analyst, the applicant an actor. The respondent's appeal allowed and awarding the applicant a lump sum of £350,000. During the proceedings the London flat soared in value by £1.7m and the division of assets in proportion 55:45% was not fair given the appellant's crucial contribution to the London property.

The treatment of respondent's bonus payments had been incorrect, mostly acquired post-separation and deferred, payment conditional upon performance and should not have been treated as a current capital asset.