"Special Contributions" and the Family Home in Divorce

In what was described by Mr Justice Bodey as a “titanic” piece litigation, with legal costs of £9m, the court again affirmed that the role of the home maker was equivalent to the successful entrepreneur and business man husband.

The case of Chai v Peng and others [2017] concerned a 42 year marriage with 5 children. The wife claimed her husband had assets of £200m. Husband sought to argue, amongst other things, that her claim on the marital assets should be limited to her “needs” and sought to argue that there should be a departure from equality in his favour due to his “Special Contribution”.

The court rejected his arguments and confirmed that there was no basis to limit the wife’s claim to “needs”. The court also reaffirmed the law regards the marital home- regardless of who brought the property into the marriage the family home has a central place in any marriage.

Family Law Partner Mark Vandaele comments “We often encounter cases where one party seeks to ring fence or exclude an asset such as a property which they brought into the marriage. More often than not if that asset is the Matrimonial Home it is treated as a matrimonial asset. This case serves as a warning to those who seek to argue that their “Special or Stellar Contribution” to the generation of the assets of the marriage should be taken into account.  There are circumstances where this can be applicable but the matter must be carefully considered before embarking on what can be costly litigation.”

If you have assets which you are bringing into your marriage which you wish to protect then it is advisable to consider entering into a Pre- nuptial agreement.

The Family Team at George Green LLP are Divorce and Matrimonial Finance Law Specialists who have vast experience in advising clients regarding all issues including:

  • Protecting Pension Assets and Pension Sharing Orders
  • Pre- nuptial Agreements
  • Post- nuptial Agreements
  • Protecting Pre- acquired Assets
  • Maintenance or Periodical Payments Orders
  • Property Orders

If you wish to discuss your matter then contact Family Law Partner Mark Vandaele on 01902 796930 or by email at mvandaele@georgegreen.co.uk