Protecting a wife’s interests in marital property

Dean was instructed by the wife at the final hearing of financial remedy proceedings. Due to the length of the marriage and circumstances of the parties the husband sought an equal share of the assets, which he stated he required in order to meet his needs.

Dean’s client sought to transfer the family home to herself, the husband’s interest being recorded by way of a charge exercisable when the youngest child of the family turned 18. It was the husband’s case that he was not in a relationship and thus required half of the marital assets to meet his housing needs.

The Judge found that the husband was in fact in a relationship with someone he was effectively living with and thus would be ‘investing’ any sums received from the proceedings into that property as opposed to purchasing his own. Thus the Judge determined it was not a ‘needs’ case and made an order in the terms sought by Dean’s client.