Securing a fair division of assets following a short marriage

Holly represented a Husband in divorce proceedings following a short marriage. Husband and Wife had each come to the marriage with properties of their own, and had agreed that they should be excluded from the division of assets. The main issue was how the family home – purchased during the marriage – should be divided, and whether it should be sold.

The Wife presented her case on a purely arithmetical basis, calculating the contributions she said she made to the property in excess of those made by Holly’s client. Her position was that he should receive just 15% of the property and that the sale should not take place for a year.

At Court, Holly was able to persuade the judge to agree with her client’s position, namely that the family home should be divided equally, subject to any significant contributions made by either of them. Having heard the judge’s view, the parties continued negotiating, and Holly was able to secure 40% of the family home for the Husband – which took into account the deposit paid by the Wife – and an immediate sale.