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Wife loses appeal against ‘equal split' divorce settlement

Posted: 4th February 2015   In: Family Law - Berkhamsted, Family Law - Luton

A woman has lost her appeal against a judge’s decision that she and her husband should share their assets equally as part of their divorce settlement.

The case involved a couple who had been married for four years and had a three-year-old daughter. They were both professionals but the wife had more earning power than her husband. However, she was the primary carer for her daughter and only worked part-time.

She would be able to return to work full-time once the daughter was old enough to attend school or spend more time at nursery. Following the sale of the matrimonial home, the couple had a sum of £415,000 to share.

The judge found that the couple had contributed equally to the marriage and decided that the money should be divided equally. They would each then have enough to buy a two-bedroom flat. The judge also found the husband should pay the wife £700 per month, in addition to statutory child support and half the nursery fees. This should continue for two years after which there would be a clean break.

The wife appealed saying the 50/50 split failed to meet her requirements because she needed a better flat in a better area for her and her daughter. She also said the maintenance figure was too low and for too short a period, and the decision about a clean break was plainly wrong.

However, the Court of Appeal upheld the ruling. It said the judge’s findings were reasonable based on the evidence in the case.

Please contact Kirsty Bowers or Kathryn Ainsworth if you would like more information about the issues raised in this article or any aspect of family law.

Case Featured - http://www.bailii.org/ew/cases/EWCA/Civ/2014/1558.html

Posted by: Kirsty Bowers
Family
Luton Office