Claire Sanders juggles discretion & fairness in marital disputes
The decision in R v R [2012] EWHC 2390 (Fam), [2012] All ER (D) 85 (Sep) provides a helpful reminder of the approach taken by the courts when exercising discretion to achieve a fair outcome having regard to the factors set out in the Matrimonial Causes Act 1973, s 25(2).
The parties married in 1983. There was a dispute about the date of separation with the court preferring the wife’s evidence that the parties separated in 2010. At the time of the separation the wife’s financial position was “dire”. She was subject to an individual voluntary arrangement (IVA) and had additional significant debts attributable to the closure of her solicitor’s practice. She had been indefinitely suspended by the Solicitors Disciplinary Tribunal and had suffered significant physical and mental ill health issues.
The husband’s position was, in contrast, secure. He was the majority shareholder in Z Ltd (the company), from which he was able to draw significant earnings. In the financial year ending 2010, his average monthly drawings were in the region of £24,000, before payment of
