Protecting a wife’s position in light of health issues

Divorce & Matrimonial Finance

29 November 2023

Sophie acted for the Wife in a case where there was a single significant asset, the former matrimonial home. Throughout the parties’ 28-year marriage, both the Husband and Wife resided at the family home and contributed towards the mortgage.

Following the breakdown of the marriage, the Husband left the family home but continued to pay the mortgage secured against the property. Such an arrangement was fraught with difficulties and at FDA, the Husband had indicated he was not prepared to continue paying the same.

The Wife suffered with significant health issues relating to an injury she had previously sustained to her back. Throughout proceedings, Sophie was able to strategically manage the case to ensure the Wife’s position in this regard was advanced as much as possible. An orthopaedic report was obtained, the contents of which were then relied upon heavily by the Wife.

At final hearing, protracted negotiations led to an agreed settlement in which the Wife retained the vast majority of the equity in the family home. Notwithstanding the Husband’s previous entrenched view on spousal periodical payments, Sophie also secured periodical payments for a further five years.

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