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| Case studies |
Divorce
and financial matters
Case 1 - Mrs W’s
husband had left her for another woman. She was
still in the house they had shared together with
their 10 year old son. Mr W wanted her to sell the
house immediately so that he could have a sum of
money with which to repay his debts. Mrs W had no
income of her own and was dependent on state benefits.
She had not worked out of the house for years and
was unlikely to be able to obtain employment without
retraining. She was unable to raise any money but
wanted to stay in the house until her son finished
education. Mr W was very insistent and kept demanding
that she sell the house.
We advised Mrs W to divorce her husband on the grounds
of his adultery and to issue an application for
financial relief through the court. We were reasonably
sure the Judge would not order the sale of the house
straightaway as it was a home for a dependent child.
We offered Mr W a 50% share of the proceeds of the
house in 8 years’ time, but he refused. Eventually,
the matter went to court and the Judge ordered that
the property should be sold in 8 years time and
that Mr W should get a lump sum of 25% of the equity
at that stage.
Mrs W was extremely relieved that she did not have
to sell up and hoped that in 8 years’ time
she would be able to raise enough money to pay Mr
W his 25% share.
Return to Case studies.
Case 2 - Mr and
Mrs F had been married for thirty years. Mr F had
been the main wage earner, Mrs F had raised the
children and stayed at home. Mrs F felt that over
the years their relationship had gradually deteriorated
to the extent that they now had nothing in common
and hardly communicated with each other. She wanted
to end the marriage, but was nearing retirement
age, as was he, and had no income or prospect of
income of her own, whereas Mr F had a fairly substantial
pension.
We advised Mrs F that she had a potential claim
of 50% of the matrimonial assets, including Mr F’s
pension, despite the fact that she had made very
little actual financial contribution to the marriage.
Her contribution had been managing the household
and bringing up the children. Through negotiation
with Mr F’s solicitors we obtained an agreement,
which was sanctioned by the court, that she should
have 50% of the equity in the matrimonial home plus
a 50% share of Mr F’s pension, which meant
that half of his pension entitlement became hers
immediately for her to do with as she wished.
Mrs F was pleased that she could start a new life
with some financial independence.
Return to Case studies. |
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