Divorcing couple in £200,000 dispute over date of their separation

A divorcing couple have been in a £200,000 dispute over the date of their separation following a long marriage.

Shannon Bateson, Associate Solicitor in our family law team reports on this recent case.

The husband (H) claimed that the couple separated in 2014, while the wife (W) insisted that they remained together until 2021.

The difference in their positions had significant financial implications, with over £200,000 at stake in the final settlement.

H argued that the couple had effectively separated in 2014 when W relocated to Italy to care for her mother, who was suffering from dementia. According to H, the couple had agreed at that point to divide their assets, and he claimed that any capital accrued after 2014 should remain solely his.

H also pointed to several key events, including registering for a single person’s council tax discount in 2014 and placing the couple’s English family home on the market shortly after. He further argued that their relationship had deteriorated to the point that they were only maintaining appearances in front of family and friends.

In contrast, W contended that despite her move to Italy, the marriage continued, and the couple frequently visited each other in both Italy and England. She presented photos from 2018, showing them attending social events together and taking holidays, which she said proved they had not separated until much later.

W also cited her husband’s relationship with another woman in 2018, stating that her emotional response to it indicated that they were still in a marital relationship at the time. W argued that the separation occurred in 2021, making it a “full fat” claim, and she sought an equal division of assets.

Recorder Rhys Taylor, after reviewing the evidence, ruled in favour of W, determining that the couple had indeed separated in 2021 after more than 40 years of marriage.

He noted, “I do not accept the husband’s account that the wife left England permanently in 2014. It seems unlikely that the wife would have purchased a luxury vehicle in 2018 if she had moved to Italy permanently four years earlier.”

As a result, the court ordered that the couple’s assets, totaling approximately £1.5 million, be divided equally. W was awarded a lump sum of £264,666 and her share of their joint assets.

If H had succeeded in his argument that the separation occurred in 2014, he could have retained an additional £200,000, significantly reducing W’s share.

The case, which was complicated by financial decisions made by both parties after 2014, highlights the difficulties of determining separation dates in long marriages, particularly when significant assets and ongoing interactions complicate the narrative.

For more information about the issues raised in this article or any aspect of family law please contact Shannon on 01228 516666 or click here to send her an email.