Fighting the 50-50 principle

After a long-term marriage the usual principle in a divorce settlement is an equal split of assets. One client who was divorcing after 19 years argued that he already had wealth when he married, and this should be taken into account in the divorce settlement.

We advised him to pursue his case in court, despite the expense. The case went to a final hearing where the judge ordered that he should receive 60 per cent of the assets in place of the usual 50 per cent. The costs were substantial but the result was more than justified.