Case No. RS20D03594

[2006] UKHL 24; [2006] 2 AC 618, the House of Lords identified three principles that should guide the court in trying to achieve fairness, namely:-(a)The sharing of matrimonial property generated by the parties during their marriage;(b)Compensation for relationship generated disadvantage; and(c)Needs balanced against ability to pay. 51.It follows that my first task is to assess the matrimonial property generated by the parties during the marriage. I must then decide in what proportions that matrimonial property should be shared, although the likelihood now is that it will be shared equally. There is no question of compensation for relationship generated disadvantage in this case. There may, however, be an issue as to needs if I decide that the matrimonial property is either very limited or that sharing it would be insufficient to provide for the Wife’s reasonable requirements, generously assessed, taking into account the resources available, the standard of living enjoyed during the marriage and any other relevant matter. 52.It is therefore necessary first to consider the principles on which I assess quantification of the matrimonial property. The first issue is the question of how the court goes about valuing pre-marital assets that should be excluded from matrimonial property as being an “unmatched” contribution and, therefore, not be subject to the sharing principle. I was referred to a significant number of authorities that analyse these arguments in great depth. There are two main different approaches. The first can be described as the “broad-brush” approach and was articulated by the Court of Appeal in the case of