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L v L [2008] EWHC 3328 (FAM)

30.12.2014 Family & Matrimonial

David  Ruck

David Ruck Partner

This was a judgement in financial proceedings. There was consideration of the wife’s claims where she received 42% of the family assets on a clean break basis.

The justification for the departure from equality was that the husband had bought substantial assets into the marriage including various inherited assets. The husband’s arguments that various assets were “non-matrimonial” were considerably weakened by the extent to which those assets had been consumed in the acquisition of the matrimonial home. General consideration was therefore given to what were matrimonial and non-matrimonial assets, and how the extent of those assets dictated the overall division between the parties.

Article authors:

David Ruck