Departure from Equality in Family Law
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The general principle in matrimonial law when dealing with finances, depending on the assets available, is equality wherever possible. For example, if a husband and wife have both contributed equally to the marriage (i.e. they have both worked and paid money into the relationship) and there are enough assets for them to both walk away with a property to live in and they can both maintain their lives individually, then the assets would likely be split fairly. However, it is not quite always so straight forward.
In the case of XW v XH , the wife (W) sought financial settlement from the husband (H) following the breakdown of their marriage. The facts of the marriage were as follows:-
W was from an Asian family and H was Italian. The parties lived in England at various stages, such as before the marriage and at times throughout. They owned properties around the World.
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