Member Article

Don’t doubt divorce payments

Sheffield’s Taylor&Emmet LLP is urging homemakers not to be deterred from seeking divorce advice for fear they have no right to claim maintenance.

Head of family law, Michaela Heathcote, is issuing the warning following last week’s reports on an appeal case that gave the impression ex-wives will no longer receive financial support.

Michaela, a partner at Taylor&Emmet, said: “Comments made by Lord Justice Pitchford in an appeal case concerning the divorce of Ian and Tracey Wright have resulted in dramatic headlines, due to the large sums of money involved and the judge’s choice of words. Just because he was unimpressed with this woman’s attitude to maintenance and reasons for not working, does not mean the law has somehow changed as a result.”

Mr and Mrs Wright separated in 2008 after 11 years of marriage, with a settlement that included annual maintenance of £75,000, of which £33,200 related to Mrs Wright’s personal expenses. Mr Wright wished to reduce these payments, arguing they should not continue after his retirement when his ex-wife had made no effort to seek work.

The judge dealing with the initial application ordered the maintenance payments to reduce gradually, ending upon Mr Wright’s retirement. Mrs Wright appealed the decision, leading Lord Justice Pitchford to suggest she find a job like the “vast numbers of other women with children.”

Michaela added: “Any issue that encourages discussion about family law is welcomed, but it has to be balanced and well informed. The judge’s comments on this case have been taken out of context and may make wives who are financially dependent on their spouses wary of pursuing a divorce.”

Courts are obliged to try and achieve a clean break, which can mean one party receives more of the available capital. If spousal maintenance is necessary to achieve fairness, it will be, where possible, for a fixed term to allow the receiving party to re-enter the workplace or undertake training.

Michaela concluded: “Each divorce case is decided upon its own circumstances and in this case, Mrs Wright had what we would call a midterm marriage plus the skills to find employment, hence the judge’s criticism. This does not mean a wife who has been married 40 years and has never worked would suddenly be expected to find a career, although it does underline that everyone going through a divorce is expected to help themselves.

“Court proceedings are rarely the best way to achieve a settlement and in an ideal world, we would encourage couples to reach an agreement using less confrontational methods, such as Collaborative Law or mediation.

To find out more about the issue of spousal maintenance and Taylor&Emmet’s range of family law services, visit www.tayloremmet.co.uk.

This was posted in Bdaily's Members' News section by Nina Sorby .