Obtaining a major share of matrimonial home and pension sharing order

Sophie acted for a Wife in financial proceedings following a long marriage. There were three adult children of the marriage, all of whom continued to be semi-reliant upon the Wife.

During the course of proceedings, the Husband suffered with significant mental health difficulties which substantially impacted upon not only his income but also his mortgage capacity and available assets. Through seeking private treatment for mental health and protracted financial proceedings, the marital pot had diminished and extensive liabilities were incurred.

The Wife sought the sale of the family home with sufficient equity to enable her to rehouse herself and the children. She also sought a pension sharing order in her favour to provide an income later in life. As part of proceedings, the various debts (both marital and post-separation) were considered in great detail.

At final hearing, Sophie secured a settlement for her client for the majority share of the net proceeds of sale of the family home along with a substantial pension sharing order in her favour. Sophie successfully argued that a large part of the Husband’s post-separation debts should be excluded from the marital pot, thus increasing the Wife’s share.