Divorce ruling - don't stop...

Caporegime
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From the very article you linked:

The judges agreed that in the right case a prenuptial agreement could have decisive or compelling weight. Lord Phillips, the president of the supreme court, said the courts would still have the discretion to waive any pre- or postnuptial agreement, especially when it was unfair to any children of the marriage.

Thus not legally binding. In the same way that courts can (and recently did) over-ride somebody's will in favour of an estranged daughter. Seems the courts have power to disregard wills and other contracts/agreements when it comes to family law.

Here's an article from 2014, saying prenups "should be made legally binding" in future:

http://www.theguardian.com/money/20...ements-legally-binding-divorce-law-commission

And even then, the commission says the courts should have power to over-ride the prenup:

The report states: "It will remain open to spouses to make agreements about financial needs, but such terms will not be contractually enforceable and will be subject to the courts' scrutiny for fairness as they are at present. A qualifying nuptial agreement will not remove the parties' ability to apply for, and the courts' jurisdiction to make, financial orders to meet their financial needs."

So basically the court will decide what is "fair", regardless of any agreement signed.
 
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Caporegime
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you just make sure the agreement is fair, has decent provisions for children... i.e. you make sure to hire reassuringly expensive lawyers because they're much cheaper than a bad divorce

the prenup in the case cited was legally binding in the end... for a cost of a few thousand it would have been well worth considering for the two marriages that are the subject of this thread.
 
Soldato
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When I was starting out I did a lot of family work, and although I hated it I was surprised at how different the reality was from the assumptions I had made.

The Courts in most cases have a really difficult job trying to divide assets, one home is far cheaper to run than two, so no one comes out as well off as they went in. The first priority is housing the kids, and if possible a house/money to buy a house will go to the resident parent. Often this is on terms until the eldest child is 18, or remarriage/co-habitation, (as a parent this seems entirley reasonable).

The next principle to remeber is that the courts are trying to achieve a "clean break", so if there is sufficient then there is no need for ongoing maintainance for the other party. There is rarely if ever an expectation that future earnings will be divisible, and even if there was should those earnings decrease there is always the option to return to court, (not possible when there is a clean break...except as in these cases where there has been fraud, and in these cases a criminal attempt to pervert the course of justice).

However assets earned during the marriage are assets in the divorce, so share options or pensions can be considered. As in this case if and when he sells his shares, no doubt at the time he thinks is in his best financial interests, she will receive 30%. It is not as if he has been ordered to sell them at a sub optimal time just so she can have more cash.

30% not 50% because there is no "law" that says it should be a 50/50 split. In low assest cases it is oiften weighted much more heavily in one persons favour, and in big money cases it tends to go the other way.

In short marriages, where there are no children the "goldigger" gets a few quid, and told she can keep her diamond earrings, she does not get a mahoosive payout.

Remember most judges are men, and not rampant feminists. They seek to do what is fair to all. Perhaps they having spent many tears doing a stressful job they value the input a wife/mother can have in a family.
I could not do my job without my wife, (who gave up a well paid job to look after our kids.) By the time the youngest is at school she will look to go back to work. Not doing what she was, her qualifications will have expired by then, so as something less well paid, and more child friendly.
Yes that allows me to "bring home the bacon", and yes she probably has more leisure time than before. Consequently we have a happier marriage, less stress, and a better overall lifestyle, despite a significant cut in income. Alternitively we could have both carried on working had th ekids in nursery full time/hired a nanny etc, but I don't want that for my family. If she hadn't married me, hadn't taken time out to have kids, who knows she might have ended up as a judge, she certainly had the brains and the work ethic, as it is I value her contributions equally to my own. Should the worst happen I would want her to be provided for, our children to be provided for, and her not to be penalised for giving 10 years of her life over to support me, which in turn enables me to support her and the kids.

Some people on here clearly don't realise what marriage is about.

Great post. So many men seem to think "sure it's a woman's job to look after the house/kids/me". Then they automatically assume they sit around doing nothing all day. Looking after a child is difficult and stressful work, it is easier to sit in an office doing the daily grind.
 
Caporegime
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Given that its "not about the money", I look forward to hearing which charity is going to receive the gains from this new settlement in donations.
 

D3K

D3K

Soldato
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The bleating from women about equality has been on the rise of late, with the suffragettes movie bringing even more of them out of the woodwork than usual.

Then this happens are they're all chuffed to bits. Do they not realise the irony here? An archaic law created to favour them in the face of losing their breadwinner, because they could not earn a crust for themselves absolutely demeans any feminist movement in the modern age.

Yes the law works both ways but how often does it go the other way?
 
Caporegime
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Great post. So many men seem to think "sure it's a woman's job to look after the house/kids/me". Then they automatically assume they sit around doing nothing all day. Looking after a child is difficult and stressful work, it is easier to sit in an office doing the daily grind.

once the kid is 4 they can go to nursery , full time placement = 9am-3pm
then they get loads of time until the kid is 16

let's face it mothers want to be the ones looking after and spending time with their children in the majority of cases.

the man is enabling this but ten in divorce courts gets hammered as if he forced it against the mothers will.
won't someone think of the children :p

Why can't the women work part time whilst the kid is at school? oh wait there rich enough the woman doesn't need or want too.

The whole thing is BS and just about an easy ride for someone who doesn't fancy working over spending time with their kids.

the husband working is missing out on first steps, first words and everything.

what a selfless task taken for granted
 
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Caporegime
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Aren't most of the people missing the point here: that this specific case is about people lying in family court about the extent of their assets?

well if women stopped trying to take men for every penny they have then people wouldn't feel the need to hide stuff.

can't live on 10mil ? you failed at life

if she was giving everythng over 10mil to charity then I'm all for it, personal greed or to get back at an ex husband = lame
 
Soldato
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once the kid is 4 they can go to nursery , full time placement = 9am-3pm
then they get loads of time until the kid is 16

let's face it mothers want to be the ones looking after and spending time with their children in the majority of cases.

the man is enabling this but ten in divorce courts gets hammered as if he forced it against the mothers will.
won't someone think of the children :p

Why can't the women work part time whilst the kid is at school? oh wait there rich enough the woman doesn't need or want too.

The whole thing is BS and just about an easy ride for someone who doesn't fancy working over spending time with their kids.

the husband working is missing out on first steps, first words and everything.

what a selfless task taken for granted

Nobody here is claiming the men out working hard are being shafted. Just that the opposite, namely that the woman in a divorce settlement did nothing to help the male earn money is totally untrue.
 
Man of Honour
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well if women stopped trying to take men for every penny they have then people wouldn't feel the need to hide stuff.

can't live on 10mil ? you failed at life

if she was giving everythng over 10mil to charity then I'm all for it, personal greed or to get back at an ex husband = lame

Regardless, lying to a court is a big deal.
 
Soldato
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well if women stopped trying to take men for every penny they have then people wouldn't feel the need to hide stuff.

can't live on 10mil ? you failed at life

if she was giving everythng over 10mil to charity then I'm all for it, personal greed or to get back at an ex husband = lame

Lot of assumptions there and missing the point entirely. These men lied about how much money they were worth in a court of law. But you go right on ahead assuming it's always the cheating, money grabbing, conniving, low life waste of space lazy woman who is to blame.

:rolleyes:
 
Associate
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I used to work for the "said" company and know the "husband" Sharland in question. As with all stories, there is a hell of a lot more about this story on both sides that isn't in the public arena. Such a shame it happened.
 
Soldato
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Lot of assumptions there and missing the point entirely. These men lied about how much money they were worth in a court of law. But you go right on ahead assuming it's always the cheating, money grabbing, conniving, low life waste of space lazy woman who is to blame.

:rolleyes:

Not all women are gold diggers, but most gold diggers are women ;)
 
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