Special contribution

Sorrell v Sorrell FD LSG 10 November

This was a big money case where the assets were in the region of £100m (gross) or £75m (net). Although the judge shared the anxiety of previous judges not to open a ‘Financial Pandora’s Box’ that would permit spouses to run the ‘special’ contribution argument in every case where the assets exceeded the parties’ reasonable needs, he was satisfied that the husband possessed the ‘spark’ or ‘force’ or ‘seed of genius’ that lay behind the explanation for his spectacular financial success. The marriage had lasted for 32 years, the wife at the date of the hearing was 59 and the husband was 60. There were three adult sons. Neither party suffered any form of disability and neither party showed to face reliance on conduct. Basing his decision, not on the size of the assets but on the husband’s exceptional abilities, and applying the test of ‘fairness in the circumstances of the case demanding that there be a departure from equality’, he awarded 60% of the assets to the husband and 40% to the wife.