my emphasis)
”. He continued:-“Three situations come to mind. (a) Over time, matrimonial property of such value has been acquired as to diminish the significance of the initial contribution by one spouse of non-matrimonial property. (b) Over time, the non-matrimonial property initially contributed has been mixed with matrimonial property in circumstances in which the contributor may be said to have accepted that it should be treated as matrimonial property or, in which, at any rate, the task of identifying its current value is too difficult. (c) The contributor of the non-matrimonial property has chosen to invest it in the purchase of a matrimonial home which, although vested in his or her sole name, has – as in most cases one would expect – come over time to be treated by the parties as central matrimonial property”.55.Mr Todd basically submits that, once the matrimonial property has been identified, it really can only be divided equally unless one party can establish special contribution. I cannot accept that this is correct. I am conducting a discretionary exercise and I must take into account all the relevant factors, including, in particular, the source of the funds and whether it can be said that there were unmatched contributions because some or all of the assets pre-date the marriage. This is not discrimination in favour of the money-maker as against the home- maker as I am not dealing here with money generated during the marriage. Mr Todd relied heavily on the lack of a pre-nuptial agreement but it is clear from the case of
- MR JUSTICE MOOR:-
- The relevant history
- The litigation
- Valuation evidence
- Final open proposals
- The Assets Schedule
- Property Particulars
- Costs
- The respective Position Statements
- Duxbury
- Tinker v Tinker
- Lambert
- The Law I must apply
- White v White
- K v L
- Miller/McFarlane
- Hart v Hart
- Miller
- Jones v Jones
- Martin
- WM v HM
- my emphasis)
- Sharp v Sharp
- S v AG
- S v S
- Vaughan
- FB v PS
- The factual issues
- Sharp
- VV v VV
