Special considerations

Contributions

In most cases a detailed analysis of the parties’ contributions will be specifically excluded by the court. The fact that one party was the breadwinner and one the homemaker should not, by itself, provide any justification for a departure from the sharing principle. Such an approach would be discriminatory, per White v White [2000] 2 FLR 981.

Only in exceptional cases will a contribution over and above that which would normally be found, financial or otherwise, be a factor.

See Practice Note: Contributions of the parties. The following Precedent letter may be sent by practitioners to their clients: Financial applications to the court—client guide.

Stellar performers

In a small number of cases contributions may be taken into account. The test has been allied to the test for conduct (per Baroness Hale of Richmond in Miller v Miller, McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186), ie where the disparity in the contributions of the parties to the welfare of the family are such that they would be 'inequitable to disregard', they should be considered.

See Practice Note:

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