Case No. BV20D11362
Family Court

Case No. BV20D11362

Fecha: 05-Abr-2023

Miller/McFarlane

[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 marital partnership;(b)Compensation for relationship generated disadvantage; and(c)Needs balanced against ability to pay. 48.It is absolutely clear that, in this particular case, there is no need at all to consider either compensation for relationship generated disadvantage or the parties’ respective needs. Any award under either head will be insignificant compared to the respective entitlements under the sharing head. I need, therefore, merely to consider the law in relation to the two reasons that the Husband says justify a departure from equality in his favour, namely special contribution and post-separation endeavour.49.Dealing first with special contribution, I accept that the concept does still exist and that it is likely to continue to do so until the Supreme Court says otherwise (see the Court of Appeal in