Litigation Letter
Principle of equality
In a two page article ‘Fairness is all’ in the
New Law Journal of 11 January, Nick Starks welcomed the decision in
Vaughan v Vaughan (26/LL p116) as a much needed example of the application by the Court of Appeal of big money ancillary relief principles
to a more conventional divorce – involving a house, pensions and some savings – rather than one of huge assets or ‘stellar’
contributions. He considered in particular the relevance of the source of assets in a long marriage, factoring back the profligate
dissipation of assets, the relevance of adult children and the treating of medical evidence with caution. It is an article
well worth reading – as indeed is the judgment itself ([2007] EWCA Civ 1085)