Getting the divorce papers right

Compelled to remain in a marriage against her will, a wife has been told by the Court of Appeal that she is not entitled to a divorce, despite the marriage having broken down.

Mrs Tini Owens applied for a divorce on the basis of her husband’s unreasonable behaviour. Such application must contain evidence of the alleged behaviour and she cited incidences such as the arguments they had in public and the fact that he had once spent a whole meal in a pub with his head resting in his hands.

The Court of Appeal held that the original judge’s decision to refuse the divorce was correct in law, but acknowledged that the wife was left “in a very unhappy situation.”

Although this case has hit the headlines, it is highly unusual. Divorce papers should be drafted carefully and as a specialist family lawyer, I always advise clients to ensure that the petition contains sufficiently strong particulars to pass the test. The judge does not have to be convinced than any person would find the respondent unreasonable, just that the petitioner is genuine in their belief that they can no longer continue in the marriage.

It is better to try to agree the wording of a behaviour petition with a respondent in advance; this is a courteous step and avoids any nasty surprises for the respondent. Negotiation is usually possible on any points that the respondent finds objectionable and if agreement can be reached over the early documents, this also bodes well for agreeing other matters such as finances.

The Court of Appeal reluctantly held in the Owens’ case that couples must engage in “consensual, collusive, manipulation” of the law to obtain a divorce based on the behaviour ground. This is perhaps putting it rather dramatically, but clear advice at an early stage can avoid problems later on.

The campaign for a reform of our antiquated divorce laws grows in momentum in the meantime.

Divorce top up for a wife who made financial blunders

In another recent ruling, a wife who managed to lose much of her divorce settlement by gambling on the property market has succeeded in persuading the Court to increase her maintenance from her ex husband.

After divorcing in 2002, Maria Mills tried to climb the property ladder, aspiring to a flat in a mansion block in Battersea, but ran up debts that she could not repay. She had no choice but to sell up and move into rented property, then went back to Court and sought an increase in her monthly maintenance payments from her former husband, despite the fact that he had moved on with his life and had remarried with another child.

Close examination of the case shows that the further award made to the wife was modest – just an increase of £341 per month on maintenance of £1,100 per month. Mr Mills was not ordered to pay further capital to his former wife (her claims having been dismissed in 2002) and it seems he had a comfortable income available.

How did she succeed with the application? Her claim was based on need and she was able to prove that she could not manage without additional assistance from her ex.

The case perhaps serves as a reminder to household breadwinners that maintenance claims are always potentially capable of variation and that if capital is available to fund a clean break, this would insure against nasty surprises in the future.

However, whilst the chores may disappear from sight, this is not without a cost. I’m not talking just about the salaries these individuals may command, but rather the cost of having staff living in your house. They are aware of your every movement, your family table talk, your every need and reaction, your food choices, your spending decisions as well as those of your friends, family and guests; they are a fountain of all knowledge about you. Whilst this may make them invaluable to you, so too might they be to those who wish to get a glimpse inside your world. They are the gateway to the inner life of your private household.

The work environment for such staff is like no other. For households, it is often difficult to manage a formal employment relationship with staff members, given the private and personal working environment that depends upon a much greater level of intimacy than a formal office. This is further intensified when the staff are ‘live-in’, in which case their work and their personal lives are also intertwined with yours.

Given the level of intimacy, it is important to have provisions in place to secure a happy home working relationship. As we are fully aware, the tabloids seem to relish the idea of exposing reputable households for what they deem as ‘mistreating’ or ‘overworking’ their staff or divulging personal details about their private family affairs.

10th anniversary of Mundays Charity 5k

2017 will be the 10th anniversary of the Mundays Charity 5k fun run in Bushy Park. As supporters of the Princess Alice Hospice in Esher since it was built in 1985, Mundays has now raised nearly £50,000 to help with the provision of free end of life care for adults. Attracting a loyal band of regular runners each year, the race includes prizes for corporate and club teams and has a unique friendly atmosphere and a popular cake stall.

Pictured above are the Mundays’ Race Directors Alex Young and Judith Fitton with Oli Taylor and Becci Hunt of Mundays’ Marketing Department and Mia Patterson of Princess Alice Hospice.

This year’s race will take place on 10 May at 6.30pm and to celebrate the 10th anniversary, there will be a Hawaiian fancy dress theme. We just hope the weather is appropriate!

For more details and to enter go to: mundays.co.uk/charity5k

essence info

Mundays LLP
Cedar House, 78 Portsmouth Road, Cobham KT11 1AN
Telephone: 01932 590500
Website: www.mundays.co.uk

Profile

Judith Fitton is a Partner in the Family Team at Mundays LLP and has over 20 years of experience in the field of high net worth divorces. She has a particular skill in the forensic aspect of cases and investigating complex financial arrangements.

Judith also has a niche practice in cohabitee matters and any disputes between non-married couples regarding their property interests. She is accredited as a Specialist in the fields of Cohabitee Disputes and Complex Financial Remedies by Resolution (a national organisation of family lawyers).

She has been mentioned in The Legal 500 UK as a recommended family lawyer and is known for her pragmatic and constructive advice to clients. She is a regular contributor to articles in the national press.

Judith can be contacted by telephone on 01932 590557 or by email at judith.fitton@mundays.co.uk and Twitter: @judith_fitton.