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'I have nothing to declare but my genius': a consideration of special contributions in Robertson v Robertson - are such arguments dead, disguised or revived?

Date:13 APR 2016
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Darren Hark Solicitor Irwin Mitchell

Practitioners will be well-versed in hearing contentions from husbands and wives in divorce proceedings as to what contributions they have each made during the course of the marriage and therefore why they should receive their fair shares.

Broadly speaking contributions fall into two categories for consideration: first matrimonial and non-matrimonial assets; and secondly whether one of the parties has made an unmatched special contribution. In the recently reported case of Robertson v Robertson [2016] EWHC 613 the husband owned shares valued at £141m which had been acquired pre-marriage but had increased in value exponentially during the course of the marriage. Holman J was hearing the matter and had to determine how and to what extent the wife should share in the value of the husband's shares.

Holman J heard Robertson hot on the heels of Gray v Work (Phase II: Contribution and Distribution) [2016] EWHC 834 where he had rejected the husband's special contributions case. However it has recently been confirmed that the husband in that case has been granted permission to appeal.

Following a brief summary as...

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