Family

No capitalisation of earning capacity

Jones v Jones [2011] EWCA Civ 41, 28 Jan, [2011] All ER (D) 231 (Jan); NLJ 11 February p210

When an asset of a spouse represented the proceeds of sale of a company which he had brought into existence before, and built up during, the marriage, how was the attribution of part of the proceeds to the husband’s ownership of the company at the date of the marriage to be conducted for the purposes of the sharing principle? In particular, did the exercise of attribution permit focusing not only on the value of the company at the date of the marriage, but also on the husband’s personal capacity at that date to build it up in the future?