According to a recent report in the Telegraph, Julie Sharp managed to successfully challenge a ruling that her former partner Robin Sharp should receive half of the couple’s fortune when they split up after only four years of marriage.
The couple separated in 2013 due to a “clandestine affair” Mr Sharp eventually admitted to in court. A family judge ruled two years after the split that he should receive half of their total assets, in line with the standard principle of equal division commonly practised in UK divorce courts. The courts do not currently distinguish between a short and a long marriage, with most cases being treated the same no matter how brief the relationship.
Mr Sharp was awarded £2.725 million, but this did not sit well with his ex-wife. Divorce lawyers for Mrs Sharp argued in an appeal that she was the one who had built up the couple’s fortune during their short marriage, receiving £10.5 million in bonuses during the relationship without assistance from her husband. They had never pooled their money during their marriage, having both separate careers and finances, and had no children.
Landmark appeal ruling could mark divorce case “sea change”
The Court of Appeal has now ruled in Julie Sharp’s favour, reducing Mr Sharp’s payout to £2 million. When announcing the decision, Lord Justice McFarlane explained:
“The husband made no contribution to the source of the wife's bonuses and this is not a case where, save in the final year, the husband is said to have contributed more to the home life or welfare of the family than the wife.
"This case is, therefore, a 'non-business partnership, non-family asset case' where the bulk, indeed effectively all, of the property has been generated by the wife."
This ruling could have an enormous impact on UK divorce cases following this one, as it breaks the established principle of equal division of assets. According to divorce lawyer Alex Carruthers of Hughes Fowler Carruthers, this used to be a “pretty rigid” rule and this new ruling could mark a “sea change” in how the principles of UK marriage law are applied in the case of shorter marriages. Assets could no longer be automatically split down the middle – couples who have only been married for a short time may now argue that they should receive more than their estranged partners.
Stuck in a complicated assets dispute?
If you need expert advice on receiving what you are entitled to in a complicated divorce case, as quickly as possible and with minimum stress, contact Wirral solicitor and divorce specialists Tracey Miller Family Law.