Holly was instructed shortly before final hearing to represent a Wife in financial proceedings. The main issue involved the family home and how the net proceeds should be split. There were a number of uncertainties which complicated the case. The children were living with different family members and it was not clear with whom they would reside long-term, and therefore what the parties’ respective housing needs were. The parties had very different incomes and the wife was on sick leave, making it difficult to establish her future earnings and mortgage capacity. The Husband also sought recompense for family funds that the Wife had used, she said to support herself whilst she was not working.
The court heard evidence from both parties and arguments from their representatives. The Husband sought over 70% of the assets on the basis that he would care for the children, and assuming that the Wife would rent with the remainder. The Wife sought near to an even split, given the unknowns in the case and her limited earning capacity.
The Court heard evidence and submissions from both parties, and Holly’s expertise and attention to detail enabled her to effectively represent her client’s interests despite the uncertainties of the situation. The Court ordered that the Husband receive 55% of the assets, leaving the Wife with enough to purchase a property in the medium term. The court did not order the Wife to repay the funds she had used, accepting that they were essentially in lieu of financial support from her Husband.