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Hart to Hart

Date:14 JUN 2016
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Nicola Walker Partner Irwin Mitchell Birmingham

The newspaper headlines in respect of the case of Hart v Hart [2016] EWCA Civ 497 which was the husband's application for permission to appeal reflected only a very small part of the husband's grounds of appeal. The media coverage focused almost entirely on the fact that Mrs Hart had a new partner and despite this she was awarded a significant lump sum in the financial proceedings that had been determined in May and June 2015. The appeal of the husband had in fact raised seven points that were dealt with by the Court of Appeal.

The facts of the case are that the parties married in April 1987 having lived together since 1983 and separated in 2006 after almost 20 years of marriage and with two grown-up children who are now in their twenties. Mrs Hart is now aged 60 and Mr Hart is now aged 82. The parties remained friendly after the separation with the husband making handsome provisions for the wife. Matters became acrimonious in 2011 when divorce proceedings...

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