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When does a marital contribution become special?

Date:27 JUN 2018
Third slide
Over 10 days in June 2017 Mr Justice Baker heard an application made by the wife for a financial order. Judgment was handed down to the parties six months later in December 2017 but was not made public until mid-June owing to reporting restrictions (see XW v XH [2017] EWFC 76).

In considerable summary the parties met in 2007 and began a relationship towards the end of that year. They became engaged in May 2008 and were married in Italy in October 2008. The wedding ceremony was conducted entirely in Italian. The circumstances of the ceremony were the subject of intense analysis in the proceedings as at the ceremony the parties signed a document in Italian headed 'Atto di Matrimonio' (Deed of Marriage) which included a declaration that the parties had chosen the separazione dei beni regime. During the marriage the parties had one child a son who was diagnosed as suffering from a rare genetic condition. The wife petitioned for divorce in August 2015: a marriage of 6 years and 10 months plus on the wife’s case cohabitation from the beginning...

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