Hart v Hart

Subject Matter

MARRIAGE — Divorce — Financial provision — Identification of assets — “Non-matrimonial property” — Build-up of husband’s assets in decades prior to marriage — Judge awarding wife over one third of capital assets following parties’ separation in financial remedies order—Whether equal division of assets appropriate — Guidelines on court’s approach to non-matrimonial and matrimonial property when applying sharing principle — Matrimonial Causes Act 1973 (c 18), s 25(2) (as substituted by Matrimonial and Family Proceedings Act 1984 (c 42), ss 3, 48(2) and amended by Pensions Act 1995 (c 26), s 166(2) and Pensions Act 2008 (c 30), s 120, Sch 6, para 4)

[2017] EWCA Civ 1306; [2018] Fam 93; [2018] 2 WLR 509; [2018] 1 FLR 1283; [2017] WLR (D) 585, CA

Commentary

Family Law Week
Financial remedies appeal considering the correct approach to non-matrimonial property when determining a claim by application of the sharing principle. Case summary

Transparency Project
Solicitors in a state of flux Case comment

Hart Felt: (Non)Matrimonial Money in Hart v Hart Case comment

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