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Is W v H the beginning of the end of non-matrimonial property?
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Kate Armstrong Dere Street
Does the recent first-instance case of W v H [2020] EWFC B10 herald the beginning of the end of the concept of non-matrimonial property?
This first instance decision is likely to be given considerable weight due to HHJ Hess’s position as co-chair of the Pensions Advisory Group (PAG) and co-author of Pensions on Divorce. The assets are far more akin to the ‘normal’ cases practitioners are familiar with than much of the reported jurisprudence. There was a modest family home no savings and by far the most significant asset was the husband’s (H) pension.
There is a paucity of...
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