Is it time for the conclusions in Waggott to be reconsidered?—Financial Remedies Journal
Senior associate Jasmin Talai has written for the Financial Remedies Journal examining whether the principles established in Waggott v Waggott remain the right approach when assessing fairness in financial remedy cases following divorce.
The article explores the concept of relationship-generated disadvantage and considers whether equal division of assets can ever lead to a fair outcome where one spouse's future earning capacity has been affected by caring responsibilities, career sacrifice or domestic abuse.
Jasmin examines the relationship between earning capacity, the sharing principle and the long-term economic impact of decisions made during a marriage, questioning whether developments in the understanding of domestic abuse and financial inequality warrant a fresh look at the Court of Appeal's conclusions in Waggott.
There is arguably a far greater understanding now than there was even as recently as 2018 of (in the words of Peel J in N v J [2025] 1 FLR 571 at [2]) 'vile and indefensible' domestic abuse and the wide-reaching and long-lasting impact that it can have. Does this – and the far earlier words of Lord Nicholls in White – mean that it is time for the Court of Appeal to reconsider the conclusions it reached in Waggott
The article is available to read in the Financial Remedies Journal.
About Jasmin
Jasmin Talai is a senior associate in the family and children team. She specialises in financial remedy proceedings and nuptial agreements and advises clients in complex cases involving high-value assets, trusts, business interests and international elements.
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