• Hasan Hadi

Court agrees divorce settlement in husband’s favour


Court agrees divorce settlement in husband’s favour

Court agrees divorce settlement of 60-40 in husband’s favour


The High Court has approved a divorce settlement that shares the couple’s assets 60 – 40 in the husband’s favour, on the basis that it was a fair outcome for both husband and wife.


The couple married in May 2008 and separated in June 2016. They had two children, aged nine and six.


For the last 16 years, the husband had worked in senior positions within an investment bank. He had enjoyed increasingly substantial remuneration packages, which included a significant element of deferred equity participation.


The matrimonial home, in which the wife lived with the children, was worth £5.1m and was subject to a mortgage of just under £2m.


The husband had accepted that the wife should keep the home. He also accepted that the marriage was one of equal contributions. He suggested that there should be a ring-fencing of his post-separation assets, which amounted to some £6.5m.


He proposed a 60 - 40 division of the available assets in his favour, which, with a balancing lump sum payment of £1.78m, would leave the wife with assets of roughly £10.2m.


The court approved the settlement, noting that that there was no serious challenge from the wife to the calculation of his post-separation earnings. Her entitlement to claim any part of the value of those assets had to be based on a legitimate needs-based claim.


The husband's current proposal met the wife's needs in relation to both housing and income. His proposal would leave her with just over £10.2m, which represented just under 40% of their available wealth, including the non-matrimonial assets represented by the husband's post-separation endeavour.


Considering overall fairness, that was an entirely appropriate outcome. It would give the wife the financial flexibility to invest her capital to meet her personal spending requirements as they changed from time to time.


It met in full her future housing and income needs. That was an entitlement which she had earned because of the contributions she had made and would make to the welfare of the family. It reflected the financial impact of both the marriage and the decision to raise a family on her ability to re-establish an independent career while acknowledging the potential of some form of future earning capacity on her part.


It was fair to the husband because the non-matrimonial property had not been invaded. The fact that the wife would depart with a slightly enhanced share of the matrimonial assets was but a reflection of the needs which the marriage, and her contribution to it, had generated.


If you would like more information or advice about the issues raised in this article, or any aspect of family law please contact our expert legal team on 0208 004 0065, by email at hello@southgate.co.uk or using the form below.


Case Citations: [2018] EWHC 3186 (Fam)C v C (POST-SEPARATION ACCRUAL: APPROACH TO QUANTIFICATION OF SHARING CLAIM WHERE NON-MATRIMONIAL PROPERTY) (2018) Fam Div (Roberts J)

What We Offer You

Expert

Solicitors

Price

Promise

Expert Solicitors, Legal Experts, Solicitor, Family Law Expert, Family Law Solicitors, Divorce Lawyers, Divorce Experts, Divorce Solicitors
Price Promise, Low Fees, Low Costs, Fixed-Fees, Best Prices

Skype

Meetings

24/7

Enquiry Line

​24/7 Enquiry Line
Skype Meetings, Telephone Conferences, Facetime Meetings, Webcam, Remote Meetings, Flexible

Out of Hours

Appointments

Quick

Responses

Quick Responses, Same Day Call, Quick Chat, Urgent Service
Out of Hours Appointments, Evening Meetings, Weekend Meetings, Evening Appointments, Weekend Appointments, Saturday Appointments

No Hidden

Fees

Modern

Service

No Hidden Fees, Low Costs, Best Prices, Low Cost Divorce, Fixed-Fees, Best Prices, Reasoanble Legal Fees
Modern Service, Technology, Secure Electronic Access, Electronic Files, Paperless

Expedited

Services

Law Society

Accreditation

Law Society Accreditation, Family Law Advanced Panel, Family Law Advanced Accreditation, Law Society Panel
Expedited Services, Urgent Service, Quick Service, Urgent Matters, Emergency Cases
Do you need to discuss your family law matter with a solicitor?
Call us now or send an enquiry below to discuss your options!