The Guardian reports that Giggs, who is currently embroiled in a complicated legal battle over assets with his estranged wife Stacey Cooke, is to present a rather controversial argument to the High Court.He is reportedly set to argue the case for making a “special contribution” to the marriage, which would mean that he is entitled to a larger share of the couple’s fortune and assets.
What counts as a special contribution?
To successfully argue that he made a special contribution to wealth creation during their ten year marriage, Giggs must convince the court that he has a certain ‘X factor’ – to prove that his unique genius contributed more to the marriage than his former partner. The footballer must provide evidence that is sufficiently persuasive to overrule long-standing and established law which puts companionship and homebuilding on the same footing as earning income. This is why in many divorce cases, proceedings start by splitting assets down the middle.
As for what kind of specific evidence Giggs can use to argue his case in the courts, the law isn’t very definite on what constitutes proof of the ‘Midas touch’. Divorce law expert David Ruck told the Guardian:
“The courts are very reluctant to describe what a special contribution is”, adding that it has only been acknowledged in a handful of cases where “the sums are massive”.
He also added a note about Giggs’ chances of success in this latest challenge, explaining:
“No judge likes the idea of people spending huge amounts to legally brag about their own self-imagined genius,”
There are a couple of previous cases that the Welshman’s legal team are likely to draw upon when preparing their arguments, where businessmen have been successful in proving their so-called genius to the courts. In 2001, a bin liner entrepreneur called Michael Cowen won a landmark court of appeal ruling which said that:
“…his contribution, in terms of entrepreneurial flair, inventiveness and hard work, was truly exceptional”.
However, two other more recent attempts have failed spectacularly– resulting in £72 million and £64 million payouts to estranged wives from multimillionaire banker Randy Work and fashion brand chairman Khoo Kay Peng respectively.
Where to seek advice on dividing assets
If you have a question about what you’re entitled to if you split with a partner, or you wouldn’t have the first idea where to start dividing assets – it’s essential to seek professional advice from an expert. Tracey Miller Family Law, a much-respected Liverpool and Wirral divorce specialist, has experience in all kinds of cases from the simple to the complex. Get in touch for a friendly chat and sound, practical advice you can trust.