A top solicitor failed in a bid to challenge a divorce settlement which ordered him to hand over a large slice of his entire assets of almost £1 million to his former wife.

Charles Ashton, who earns about £450,000 a year with an American company in London, also has to make payments of £110,000 a year for the upkeep of his ex-wife and two daughters who live in Lye Green, near Crowborough.

Three appeal court judges ruled there were "no compelling reasons" to review the case, even though Mr Ashton might believe the settlement was "one sided".

Lord Justice Thorpe, in dismissing his application to appeal, said Mr Ashton had already spent £200,000 on legal fees.

"That is also a strong reason against creating yet another round of litigation."

James Turner, QC, told the judges he was not asking for a fee from Mr Ashton in the Court of Appeal because he was seeking to use the case to try to clarify the law on the division of assets.

He said there was an issue of principle over division of the so-called "surplus income" left after the reasonable needs of each side and their children have been catered for.

Mr Ashton, 45, married Helen, 44, in 1987 and they brought up their two daughters, now aged 12 and eight, at their home Park Cottage. Their marriage came to an end in December 2002 after Mr Ashton started a relationship with Sarah Yockney, with whom he now lives in a rented home in Surrey, with her two children.

Under the terms of the divorce settlement in July 2004, Mrs Ashton stayed with the daughters at the £750,000 matrimonial home and was allowed to keep most of the assets built up during the marriage which were worth £202,000.

Mr Turner, in written submissions to the judges, said: "The district judge left Mrs Ashton in the position whereby she could retain the valuable former matrimonial home despite the absence of need in that regard and left Mr Ashton in a capital position that is in reality parlous."

Mr Turner said Mrs Ashton got the "lion's share" of the liquid capital and Mr Ashton was left to build up funds from his income.

Mrs Ashton's needs were assessed at £65,400 a year, with £10,000 each for the children. Mr Ashton also had to pay school fees for the daughters. Mr Turner said the judge should have ordered the matrimonial home to be sold and the assets divided equally.

Mrs Ashton did not want to comment following the case but said: "It was all very sad and I don't want to bring it all up again."