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The Divorce Dilemma
Written by Kirsty McCallum
Whatever stage in life you may have reached divorce can rear its ugly head. Concerns regarding divorce differ depending on individual circumstances and, quite often, relating to the age of the parties involved.
Follow the typical scenarios below dealing with an "average" family of two adults, John and Jane (who married relatively young) and two children whose divorce occurs when they are in their……..
20’s
Jane announces that she is moving back to be near her family in Scotland. John, who Jersey born and bred, says he will not allow her to go.
Jane cannot just decide she wants to uproot the children and leave Jersey. Her reasons will have to be properly established (it may be that she has no Housing qualifications) and her future plans explored. If agreement cannot be reached with John Court proceedings will result – sooner if she tries to flee from the Island.
30’s
John has walked out on Jane and the children telling her that the house has to be sold and she will have to work given that the children are now at school. Jane believes that John has to provide a roof over the childrens’ heads. Furthermore Jane inherited the property so it is hers anyway.
Various issues are to be considered here which depend on the overall financial position of the parties as to whether there is sufficient money to allow the property to be retained in the light of the need to support two households. Inheritance is a thorny subject when it comes to divorce and relevant factors in how it might be dealt with include the date of the inheritance during the marriage and the use made of it subsequently.
40’s
Jane has enjoyed a lavish lifestyle during the marriage due to the prospering of the family company. Now a divorce is looming John says the company is worthless!
It is not uncommon for a previously thriving company to apparently hit a "slump" when there is a divorce but the assistance of forensic accountants can often shed light on such "problems". Equally irritating for Jane will be the realisation that the company has been paying for virtually everything until now and John will have no personal assets at all!
50’s
John has worked very hard all his life providing for his family and allowing Jane to stay at home. He sees no reason why Jane has any claim to his pension, which is substantial, as she has made no contributions to it at all.
It is accepted case-law that the cash equivalent value of a pension falls within the "matrimonial pot" and a spouse has a claim in respect thereof regardless of a lack of financial contribution. Just because the husband has been the breadwinner does not minimise the contribution of a wife in running the home and bringing up the children.
60’s
Jane has relied on John’s private Health Insurance through his employment to enable her to have the best treatment available for her condition, such treatment is on-going. John has said on divorce she will no longer be a "dependent" on his policy and she will, effectively, be on her own.
Specific needs of either party are addressed when settlements are being negotiated. If there is the possibility of any benefit being lost on divorce then a replacement benefit or sufficient finances to allow for one must be dealt with.
70’s
John has found true love with a girl in her twenties whom he is planning to marry as soon as the divorce is finalised – they met on the Internet! Jane wants to safeguard her children’s inheritance as well as safeguarding her future as John is planning, so he says, to have more children.
Not quite sure ! Possibly have husband "sectioned"??
The above are illustrative of some of the problems encountered when marriages breakdown. The new Family Team at Crill Canavan is uniquely placed to assist with the many queries parties may have. It forms part of the firm’s Litigation Department thereby being able to provide an extensive breadth and depth of experience in all areas of Family law.
Furthermore, once divorce and ancillary matters have been satisfactorily finalised, advice from other Departments at Crill Canavan will allow you to step confidently into the future with, for example, a new property, trusts set up for your children and redrafted Wills.
THIS ARTICLE IS FOR INFORMATION PURPOSES ONLY AND NOT BY WAY OF LEGAL ADVICE. PROFESSIONAL LEGAL ADVICE SHOULD BE SOUGHT BEFORE ANY ACTION IS TAKEN.