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Charman

Charman

A major Court of Appeal decision in 2008 which provided very good, practical guidance on what the House of Lords was intending to say in the case of ‘Miller’. It stated that equality of division was now the principle of English financial provision law. It distinguished matrimonial acquest property, in essence the assets which were acquired during the marriage and cohabitation, and non matrimonial property which includes premarital assets, inheritances and gifts and some post separation assets. Matrimonial acquest property is likely to be divided equally provided reasonable needs are satisfied. Non-matrimonial property starts with equality dividing but it may be possible to show good fairness reasons to depart from equality.