A husband who has stayed at home whilst his wife worked in a high earning job, has arguably been discriminated against by the High Court in a high profile divorce ruling.
The court acknowledged that the couple had effectively lived their lives with a “reversal of the traditional husband and wife roles”, yet rather than apply the same criteria and standards as a “traditional” couple going through a divorce, the court has discriminated against the husband.
The Court ordered that the husband could get a full time job to increase his income, thereby not having to have more money from his wealthy wife. However, the couple have a daughter at primary school and the husband has always been, and intended to continue to be, her primary carer.
In divorce cases, the first consideration is the needs of the children and having her primary carer available should have been taken into consideration.
In some cases, there is no option but for both parents to have to work. However, where there is plenty of money to go around, being able to maintain the status quo from before separation is possible.
Samantha Lee, specialist family solicitor says, “If this involved a high-earning husband and a stay-at-home wife, I don’t believe there would even be a question of her having to work full time, especially when there is a young child to care for. This is the court being short-sighted and discriminatory, assuming that because he is a man, he should work.”
The husband has been granted permission to appeal so watch this space for more information.
Often non-traditional families do not fit the old-fashioned mould that can be applied to divorce cases since the law can be based on old fashioned and sometimes out of date rules. However, there is scope to be inventive and at Swain & Co our specialists will be able to advise you on your options and can think outside the box in terms of negotiating and helping you reach the outcome that is best for you and your family.
Contact us today on 023 92492967 to speak to one of our expert family law team to see how we can help you.
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