Divorced Couple revisit Settlement

Divorced Couple revisit Settlement

The husband was questioned about an extra-marital affair at the original divorce hearing in 2015.When the divorce was granted, the Judge ruled that he was entitled to half of their assets and he walked away with £2,725,000  yet the Court of Appeal Judge cut his share of the wealth by £725,000.  However the reduction was not attributed to the fact that he had had an affair. Instead it was based on the way the parties had arranged their finances during the marriage and the significantly greater financial contribution made by the wife.

The couple were married for four years and did not have any children. During their marriage they kept their finances separate and tended to spend their own money. They took it in turns to pay the bill on nights out and the ex-husband fully acknowledged that the bonuses were earned by his ex-wife and were not his.

Usually, when a couple divorce their assets are split 50:50 as happened in the original case, however feeling that this was ‘intrinsically unfair’ the ex-wife decided to take the case to the Appeal Court due to the fact she contributed the vast majority towards their income.

It was ruled that it was her money that allowed them to own two lavish homes – one of which she already owned prior to their marriage.

The Judge explained there was “never a joint approach to funds in the marriage” and that the ex-husband “clearly accepted that was the way they lived their lives together.”

He added that, although traditionally assets are split 50:50, the bonuses were earned by the wife with no input from her ex-husband and that it was unreasonable for him to profit from them.

Lawson-West are expert Divorce Solicitors. You can meet with a member of the team at any of our three offices in Wigston, Market Harborough and Leicester where you can discuss anything from who keeps the house, childcare arrangements, property and pension advice.

You can contact us on 0116 212 1080, 01858 445 480 and 0116 212 1000.

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