It’s easy to think that you’ve stayed at home during your marriage bringing up a family, whilst your partner has gone out to work, that this will impact on the financial settlement you will receive when you are divorced.
Since the partner who worked earned the money doesn’t it mean that he gets a greater share of the matrimonial assets on divorce?
However, whilst this is a common belief it is infact totally untrue. You will not receive a lower share of the joint assets, simply because you weren’t earning.
White v White (2000) was a landmark case where the judge stated “in seeking to achieve a fair outcome there is no place for discrimination between husband and wife and their respective roles”
In MacFarlane v MacFarlane (2006) the judge ruled that Mrs MacFarlane was entitled to compensation for giving up her career to bring up the couple’s children and that equal weight should be given to both domestic and financial contributions to the marriage.
The court will base the financial settlement on the financial needs of the parties, especially the one looking after the children. A stay at home mum is treated the same as a working partner
Only in cases where the matrimonial assets are more than sufficient to meet the immediate needs of both parties, will the Court move on to considering the concepts of sharing assets.
A judge will aim to divide assets equally & produce a fair result dependant on needs of both parties.
If you’re going through divorce and need some additional help please download “7 key financial tips for women getting divorced”.
I can also recommend a family solicitor to you or a divorce coach you will guide you through the whole process. Email me at [email protected] to let me know what help and support you need.
I look forward to hearing from you.
