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Louisa Gothard
Louisa Gothard
Senior Solicitor, Head of Family Law
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ANCILLARY RELIEF: B v B (Ancillary Relief) [2008] EWCA Civ 543
Date:7 APR 2008

(Court of Appeal; Sir Mark Potter P, Wall and Hughes LJJ; 19 March 2008)

One possible reason for departing from equality was recognised to be that there were assets that were the product not of efforts of different kinds during the marriage, but of inheritance by one spouse only. In this unusual case, in which the whole of the capital available to the parties had been brought into the marriage by the wife from a source entirely external to it, and in which the marriage had played no part, however indirectly, in the acquisition of any of the assets now available, dividing the assets approximately equally did not lead to a fair result. Although not a big money case, this was not a case in which the needs of the parties compelled the court to disregard the source of the assets.