Family Flyer 71

Is an earning capacity a marital asset subject to the sharing principle?

Waggott v Waggott [2018] EWCA Civ 727

Introduction:

The higher courts have over recent years repeatedly emphasised the need for consistency in the application of the established principles of financial remedy distribution on divorce as suggested by both the appellate decisions of White and Miller/McFarlane. Such consistency of principle application undoubtedly assists settlement and results as the Court of Appeal acknowledged in less than 10% of all such financial cases going to a contested hearing.

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