A level playing field in divorce – “special contribution” in the case of XW v XH

Debbie Chism’s case of XW v XH [2019] EWCA Civ 2262, which was covered by The Independent, has been hailed as a victory for women and gender equality in divorce.

The Court of Appeal judgment, handed down in December 2019, focused around the argument of “special contribution”. This is where one party claims to have contributed more to the marriage than the other, meaning assets should not be divided 50/50. The case related to a highly successful businessman who claimed to have made a more significant contribution to the marriage than his wife, who was the sole carer for the couple’s severely disabled child.

The article says:

“Lord Justice Moylan overturned the ruling, which was handed down in December 2017, in mid-December last year in the XW v XH Court of Appeal judgment.

“He said: ‘In this case, the wife’s enormous contribution to the welfare and happiness of the family, as the homemaker and principal carer of AB, both during and after the marriage, has been and will be incalculable.’”

Read the full article here.