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NON-MATRIMONIAL ASSETS: The significance of origin

13 October 2017  

Kevin Danagher examines the High Court’s decision in Christoforou v Christoforou, and the approach to evidencing claims that are non-matrimonial

In Christoforou v Christoforou [2016] the court was concerned with a case where there was a high level of assets (an agreed asset schedule revealed total assets of approximately £55m), where some of the assets were less than transparent, both parties had credibility problems (in this case especially the husband), and there were a number of as yet unresolved tax issues, making it difficult for the court to come to a judgment. Although the judgment deals with a number of issues, of particular note is its approach to the test for non-matrimonial property. The judgment also deals with the evidence required when dealing with the question of what is matrimonial or non-matrimonial property. While the case does not deviate from existing case law, the judgment provides a useful guide on evidential issues in particular.

Additional Info

  • Case(s) Referenced:

    Charman v Charman [2007] EWCA Civ 503

    Christoforou v Christoforou [2016] EWHC 2988 (Fam)

    Miller v Miller; McFarlane v McFarlane [2006] UKHL 24

    N v F (Financial Orders: Pre-Acquired Wealth) [2011] EWHC 586 (Fam)

    White v White [2000] UKHL 54

Last modified on 11 October 2017