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Charman v Charman (No 4) - making sense of need, compensation and equal sharing after Miller/McFarlane [2008] CFLQ 378

Date:16 SEP 2011

This commentary discusses the Court of Appeal decision in Charman v Charman, which, in dealing with Mr Charman's arguments concerning the recognition of his 'stellar contribution', sought to provide some clarity to the law of ancillary relief following the House of Lords decisions in Miller v Miller; McFarlane v McFarlane. The discussion in this commentary focuses in particular on the rationale underpinning the equal sharing principle, and on the proper relationship between the three principles of equal sharing, need and - perhaps hardest of all - compensation.

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