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On the 24th of May the House of Lords gave rulings in two appeal cases concerning divorce assets. The rulings in the cases of Miller –v- Miller and McFarlane –v- McFarlane have turned the previous law on divorce settlements on its head, and have serious implications for anyone with even moderate assets who goes though a divorce.
Under the previous regime in the divorce courts, judges used to divide the assets in an ‘equitable’ way depending on several factors, including the length of the marriage. In ‘short marriage’ cases (up to two or three years) the courts generally only put the parties back into the position they were in before the marriage i.e. one party did not receive a share of the other’s wealth.
Also, when considering maintenance the courts had a duty to impose a clean-break in every suitable case, and in the few cases where they did award maintenance it was based on the other party’s ‘living expenses’, and often limited to just a few years.
No more. From now on the divorce courts will divide up the assets that were ‘accumulated during the marriage’ even in cases where the marriage might have only lasted a couple of years.
Not only that but a spouse who has given up a career to raise children and look after the family is likely to be compensated for what they have given up, and the wealth they would have had, by being awarded large maintenance payments for life.
If you feel that these rulings could affect you, our specialist divorce team at Woolley & Co. can advise on the implications for you, your business and your assets and can advise on possible protective measure such as pre-nuptial agreements. Call 01789 267377 to arrange a free initial half hour consultation. |