In divorce proceedings, one of the decisions to make is how to divide the assets belonging to the parties. Can one party claim more because they worked hard to earn all the money?
In a recent case*, the husband claimed that his hard work constituted a “special contribution” and therefore he should be awarded a higher percentage of their assets. He claimed to have worked hard to earn his fortune and should be rewarded as such.
However, the court found that this was not sufficient. They commented that a lot of people work very hard at all levels of society but this does not mean they have made a “special contribution” over and above that of their spouse. In this case, the Judge commented that the wife had been a good wife, a good mother and had worked hard in both of those capacities as well. The Judge felt that to award the husband’s hard work would undermine the wife’s hard work, albeit outside of employment.
Nicola Whitley, Head of the family department at Swain & Co says, “Although I find the reference to being a “good wife” a bit old-fashioned, I understand the sentiment and it is important to see that the court recognise the importance of both parties’ contributions to a marriage. Although the husband earned a lot of money, he was able to do so because his wife stayed at home, followed him around the world to his various jobs and looked after their children.”
The starting point for dividing assets on separation is an equal division between the parties. There then follow consideration of various factors if one party seeks to move away from equality.
There is no cut and dry way to work this out and the best approach is to seek legal advice. We can provide one-off advice or can help you all the way through proceedings with our various funding options.
Contact our team today on 023 92492967 to discuss which option is best for you.
*Gray v Work [2015] All ER (D) 302 (Mar)
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