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Osborne Morris & Morgan > News and Articles > Family > Wife’s prosecution affects divorce settlement

Wife’s prosecution affects divorce settlement


Posted on 22 Mar 2016, in Family
 

Bedfordshire residents may be interested in a case being heard in High Court after a 41 year-old mother of two was prosecuted for a criminal offence that involved a wooden spoon and her teenage daughter. Although she has been released under conditional discharge, the children are now living with their father. This change in circumstance has allowed him to appeal the financial order that was imposed after the couple’s divorce.

As part of the settlement following their separation the mother was due to receive over £150,000, which was calculated as being 70 per cent of the profit on the sale of the family home. The division of assets took into consideration the fact that the couple’s children would spend 70 per cent of their time living with their mother. Now that the children are living full time with their father, the High Court judge confirmed that the father’s appeal against the settlement agreement stood a good chance of success.

The incident with the wooden spoon took place a few weeks after the couple began their divorce proceedings. Although solicitors representing the mother said that there had been no physical contact between the spoon and the daughter, they gave no further information to the High Court. The judge recommended that the couple come to an agreement regarding the settlement, pointing out that the amount in question was in the region of £44,000 and that the legal costs to date were already £30,000.

Calculating a fair and equitable division of marital assets may be a complex and emotionally difficult situation, especially if children are involved. While taking the case to court may be an option, a solicitor who is experienced in family law may suggest that a client’s interests are best served by reaching an agreement through negotiation or with mediation.

 

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