DOES THE WEALTHIER SPOUSE HAVE ALL THE POWER?

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Introduction

Our client Sarah’s spouse is significantly wealthier and has accumulated a number of assets and investments over the past few years, whilst Sarah on the other hand, has put her career on the back burner and spent her time focusing on the upbringing of the children. Whilst Sarah’s decision to focus on the children is of course admirable and a full day’s work in itself, it has resulted in her being unable to generate her own income and build up her own nest egg.

The Wealthier Spouse

When Sarah first approached us, she was concerned about her husband having the financial means to out litigate her, and that she would end up having to settle for far less than what she was legally entitled to. The cost of litigation was unexpected (as is the position with many people) and she wasn’t in a position to fund the process.

Rule 43

After establishing what Sarah needed, we urgently launched a Rule 43 application and obtained a Court Order to the effect that her husband was liable to pay interim maintenance pending the finalisation of the divorce, as well as, an order where her husband was required to make a lump sum contribution towards her legal costs.

Interim Maintenance

This interim maintenance order and contribution towards Sarah’s legal costs has given Sarah the much-needed breathing room to focus on the other aspects of her divorce rather than constantly worrying about the financial restrictions, implications and her spouse’s wealth.

Author – Jessica Gooding

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