WM v HM
[2017] EWFC 25), Mostyn J used a straight-line approach to calculate the value of the non-matrimonial property. In other words, he calculated the number of years that a company existed before the marital partnership commenced and divided it by the total length that the company has been in existence. This gives a proportion of current value that can be excluded from the matrimonial pot. It has the benefit of simplicity. It does not require complex and expensive valuations many years after the event. Mostyn J said, memorably, that it resonated with fairness because “how could it be said that a day’s work in 1980 in creating this company was less valuable than a day’s work last week?”.53.An alternative approach, found in the case of Jones v Jones, is to attempt to value the assets at the date the marital partnership commenced, with an appropriate uprating to that value to take account of things such as inflation that have taken place since. In Jones v Jones, the concept of the “springboard” effect was raised.54.I was referred to the cases on “matrimonialisation” and, in particular, the analysis by Wilson LJ in K v L (above) of Lady Hale’s observations in Miller that “the importance of the source of the assets will diminish over time”. Wilson LJ concluded, at [18] that the true proposition was that “…the importance of the source of the assets may diminish over time (
- 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
