Fair Share of Assets when you Divorce

Q – I am currently getting divorced from my husband after 20 years of marriage. Whilst I worked during the marriage, these were mostly secretarial/administrative roles with a low salary. In contrast my husband had his own company, which has been very successful and helped pay for our lifestyle and the home. We are currently trying to resolve financial matters, but my husband is saying he should have the lion’s share due to his special contribution (i.e. we wouldn’t have had so much money if he hadn’t worked so hard).

A – In a situation where parties have been married for a long time (usually more than five years), in broad terms, the court will aim to achieve a fairness in dividing the available assets between the husband and wife. In the vast majority of cases the court will afford equal weight to the parties’ contributions to the marriage, it being unlawful to discriminate between the roles of the husband and wife.

Your husband could try and argue that he made what is referred to as a ‘special contribution’ to the marriage. However, thesis increasingly difficult and, as one judge described it, “as rare as a white leopard“

Advising on the merits of division of financial property on the breakdown of a relationship is, ultimately, a complicated matter and you should consider taking expert legal advice before agreeing anything with your husband.

Please contact us if you would like more information about this particular issue or any aspect of family law on 01656 645525 or family@berrysmith.com

Katie McColgan – Partner

01656 645525