Background
The couple married in 1977 and the case was first considered by the District Court in October 1992. The couple ran a family business where a small self administered scheme (SSAS) represented a significant part of the matrimonial assets. Mrs. Brooks was employed by the company and was eligible to receive significant benefits within the flexibility of the SSAS.

The court held that the SSAS was a post-nuptial settlement and therefore formed part of the matrimonial property. The Judge awarded non-member pension benefits to Mrs. Brooks of £76,000 from the SSAS. On appeal the High Court, then the Appeal Court and finally the House of Lords all upheld the decision.