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SK My understanding is that the court will start by looking for
equality; hence, the usual starting point is 50/50. Some lawyers interpret
this as 50/50 of the value of the asset (CETV or independent valuation).
Others look at it as equality of the annual income (pension) that the asset
will produce.
There are few hard and fast rules. Because the
court has considerable discretion, there are local differences of
interpretation by District Judges. This inevitably influences the local
solicitors who will not get very far arguing a point on which they know the
local judges have particular views.
Finally, there is the
inequality of lawyers. Some are very good dealing with certain issues –
such as pensions. Others may be less knowledgeable and therefore less
confident and competent in arguing a specific issue. For an example, see
how the Maskell vs. Maskell case is held by some lawyers as establishing a
particular point.
No, it is not fair, but then who ever said
that life was fair?
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