Obtaining a major share of matrimonial home following long separation

Edward assumed representation of a Husband at a FDR, in which the Wife was asserting that the Husband had no remaining interest in the former matrimonial home due to a previous agreement. The parties had been had been at odds for a considerable period of time. It was, however, common ground that Husband had made no financial contributions since separation a decade ago.

The Wife contended that Husband should receive a single figure/very low percentage of the capital assets (i.e. the equity in the FMH). She also argued that her post-separation inheritances should be ring-fenced. The Husband was arguing that those inheritances could and should be employed to meet his needs which were considerably greater than a minimal share of the principal asset.

At the FDR, following argument before the District Judge, a final settlement was reached whereby it was agreed that Edward’s client should receive a capital sum equivalent to 54% of the FMH, on a clean break basis.