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J v J

The Times Law Reports Cited authorities 2 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date28 January 2011
Date28 January 2011
CourtCourt of Appeal (Civil Division)

Court of Appeal

Before Sir Nicholas Wall, President, Lady Justice Arden and Lord Justice Wilson

Jones
and
Jones (Earning capacity)
Non-matrimonial asset

While earning capacity might sometimes be relevant to a fair distribution of matrimonial assets, it did not follow that earning capacity should itself be treated as one of those assets, still less that an attempt should be made to capitalise it.

The Court of Appeal (Sir Nicholas Wall, President, Lady Justice Arden and Lord Justice Wilson) so stated in a reserved judgment on January 28, 2011, when allowing the appeal of the wife, Victoria Theresa Jones, against the decision of Mr Justice CharlesUNK ([2009] EWHC 2654 (Fam)), in ancilla ry relief proceedings against the husband, Gareth Telfer Jones, on the ground that the judge had failed to apply the equality of sharing principle correctly.

THE PRESIDENT said that the judge had found that that only 40 per cent of the value of the net proceeds of the sale of the husband's company was matrimonial property.

It followed that the judge was placing a large capital value on the personal capacity of the husband to make money in his chosen field and therefore capitalising his earning capacity at the date...

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1 cases
  • Nidhan v Nidhan
    • Trinidad & Tobago
    • High Court (Trinidad and Tobago)
    • 18 December 2009

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