WHAT DO THE NEW DIVORCE RULES

MEAN FOR YOU

Eddie Cochrane used to sing, ‘There aint no cure for the summertime blues.’  Perhaps he had been looking at the UK divorce statistics where a seasonal upward trend regularly seems to appear around September when the holidays are over and the kids are back at school or University.

 Despite later marriages and the rise of cohabitation these days, there were still over 165,000 divorces in the UK in 2004. 

The impact of a divorce on a couples individual finances can be dramatic.  This was brought into sharp focus in the recent Law Lords Judgments in the cases of Miller – v – Miller and McFarlane – v - McFarlane which together created a landmark ruling particularly where relatively significant assets or earning are generated by either party.

 We spoke to a leading local lawyer, David Roberts, a partner in Sandersons Solicitors and Head of their Family Law Department.  David, who is an Advanced Member of the Family Law Panel and a past President of the Hull Incorporated Law Society, who has particular expertise in complex and unusual financial settlements in divorce.  He has experience of several high value cases including representing a former International Premiership Footballer. 

He told us that the Lords ruling in the above cases was significant as certain principles were established; 

1                    As has always been the case the welfare of the children will be the Courts first consideration.
 

2                    Fairness – although never defined by the Courts they have now ruled that the needs, contribution and compensation of the parties must be taken into account.
 

3                    Determining fairness – The Courts, when determining fairness will consider dividing the available assets so as to make provision for each parties housing and financial needs.
 

4                    Partnership – All marriages are to be viewed as a partnership of equals and the Court must not discriminate between ‘money earners’ and ‘homemakers/child carers’.
 

5                    Compensation – Which the House of Lords has defined as a means of readdressing significant prospective financial disparity between the spouses as to how they conduct their marriage, such as one party giving up their work so as to raise a family.
 

6                    Conduct – In most cases the notion that conduct (such as adultery) of either party is to be taken into account in determining a financial settlement is rejected.

 The implications of these rulings could be far reaching, particularly for relatively wealthy partnerships or marriages and may lead to an increase in pre – nuptial agreements although these at present are not always upheld by the Courts.

 Whatever the circumstances, whether you are a husband or a wife and you find yourself in a relationship where divorce is the only solution you need effective practical and reliable legal advice from an expert Solicitor.

For more information contact: 

David Roberts

Sandersons Solicitors

17-19 Parliament Street

Hull

HU1 2BH

Tel:  01482 324662

Email:  enquiries@sandersonssolicitors.co.uk

Source:  The Journal, September 2006