Family Law
The Court of Appeal has ruled in the first substantial case concerning a financial settlement following the end of a civil partnership (Lawrence v Gallagher [2012]).
The couples’ assets included various properties that they had bought, invested in and sold both before, and during, their partnership. The respondent asked for 45% of their assets. The appellant argued that his initial property was not a partnership asset and should therefore be excluded from the sharing approach. He also contested that their relationship should be classed as a dual career relationship.
The judge in the first hearing broadly agreed with the respondent and awarded him a 42% share of the assets.
The appellant successfully appealed and the share of the assets was reduced to 31%. The appeal judges ruled that the initial ruling, whilst trying to arrive at a fair outcome, had relied too heavily on theoretical outcomes on certain property values and the individuals’ earnings and bonuses.
The fact that the claim arose from the dissolution of a civil partnership rather than a marriage was of little significance as the language in the relevant Acts of law are identical.
Dissolution of Civil Partnerships Eastbourne, Hailsham, Polegate
If you would like advice regarding the dissolution of a civil partnership please contact our Family Law Department for a free initial interview on Eastbourne 01323 727321 or Hailsham 01323 841481.
Nicholas Dennis
Alexandra Funnell
Guy Brown
Carolyn Richards
Please note the above is for information purposes only and is intended to be a short summary. It should not be treated as a comprehensive guide and should not be acted on without qualified legal advice.
