The starting point on divorce is that a couple’s assets are split equally. The court will then consider other factors under the Matrimonial Causes Act 1973 which may lead to a deviation from a 50/50 split if it is fair and reasonable to do so.
In circumstances in which one spouse has made a ‘special contribution’ to the creation of the matrimonial wealth, a departure from the sharing principle may be justified. It is notoriously difficult to succeed on an argument for special contribution and there have only been a handful of reported cases of such claims being successful over the past 17 years.
Wealthy individuals should consider entering into a pre-nuptial or post-nuptial agreement to protect their wealth and preserve their assets in the event of marriage breakdown.
If you have any questions about divorce, please contact us today.