Family Solicitors

What should have been a simple divorce settlement has turned instead into an expensive lesson for a City solicitor.

He depended on a prenuptial agreement to secure half of the proceeds from the sale of the family home. Instead, in SA v PA (2014), a High Court Family Division judge, Mr. Justice Mostyn, ruled that the property should go to the estranged English wife of the Dutch solicitor, on the grounds she had given up her career as a legal practitioner when they married in order to raise their four children (now teenagers). The husband was also ordered to pay monthly payments of more than £10,000 for the next five years and a lump sum of £120,000.

On the eve of their wedding in Amsterdam, when the wife was already pregnant, they made a premarital agreement, by which the husband set great stock, believing it should be fulfilled as stated, with the property divided equally among them if the marriage broke down. However, his wife cited McFarlane v McFarlane (2006) when the House of Lords agreed a settlement for a wife that was substantially larger than the amount required to meet her needs, on the basis that she had given up her own legal career in order to look after the couple’s children.

Compensation awards

It is very rare for a High Court to consider compensation in a ruling, so this case is of great interest to divorce solicitors seeking the best outcome for their clients, and makes an important contribution to the debate about the value of prenuptial agreements. Most commentators agree that it is usually the wealthier partner who moves to protect assets but at the current time, unlike the US and other countries, English law only recognises the validity of premarital agreements at the discretion of the judge.

A report due to be published imminently by the Law Commission may change all that, however. The Matrimonial Property, Needs and Agreements project embarked on an extended consultation period in order to review and clarify the law on financial provision for couples when their relationships end. In light of the view that current law creates the potential for inconsistent outcomes and uncertainty, a change in the law is likely to be recommended.

Sensitive issues

The breakup of a relationship inevitably causes strain and family solicitors need to approach divorce cases with comprehensive knowledge of the relevant legislation and a sensitive touch, particularly when children are involved.

The lawyers at Duncan Lewis offer detailed, effective and confidential advice and representation. Their family solicitors are members of the Law Society Children Panel and Advanced members of the Law Society Family Panel, ensuring they take a highly professional approach to resolving family issues.

Out of court resolutions rather than litigation may be preferable, however, if court proceedings offer the best way to achieve the desired outcome, they are fully equipped to offer expert advice and assistance. Many aspects of family and children work attract legal aid, and if this is not available there is a reduced fixed fee for divorce and competitive rates for other work.