Shropshire Solicitor Divorce Warning to Wealthy Husbands Regarding European Court of Human Rights!

Shropshire Divorce Solicitor leading the Family Law team at Martin Kaye Solicitors in Telford warns divorcing couples after a husband leads a divorce “pay fight”.

The Telford Solicitor said that “well-publicised divorce cases have led to several wives becoming millionaires in their own right. But now, it seems some of the husbands are planning to take action and many others could follow suit.”

It has been announced that Alan Miller, who was instructed to pay his wife £5 million – even though they had only been married for 18 months – has decided to challenge the ruling in the European Court of Human Rights in Strasbourg.

“His original case and its result set the standard for this kind of case, and it has had far-reaching effects in divorce courts all over the UK,”.

The Court decided no matter how long a couple had been married, the starting point for dividing the assets should be a 50-50 split. And although they said Mrs Miller did not ‘need’ 50% of the assets, they decided that was irrelevant, and that the assets should be divided equally. Mr Miller claimed that the law was now “confused and unpredictable” as family court judges were given too much discretion. He also claims the payout to his former wife had breached his human rights and is challenging the decision.

“The same rules were applied to the case of Mr and Mrs Charman, and paved the way for her £48 million payout, despite the fact that Mrs Charman had run the home and it was Mr Charman who had built up the major share of their assets.”

“Family Law teams such as ours will be following this appeal with great interest, as the European Court’s decision could have massive implications for day-to-day divorce hearings. District Judges work very hard to reach sensible decisions based on what is fair and reasonable, and they will no doubt be pleased to receive clearer guidance on the approach they should be taking.”

Couples considering divorce are strongly advised to seek legal advice from a specialist divorce solicitor. This article is free to republish provided this resource box remains intact.

Nadia Davis is an experienced Telford Divorce Lawyer and heads the Family Law Team at Martin Kaye Solicitors - Shropshire. She is a member of the Law Society's specialist Children Panel. Nadia became a partner in July 2006 and has a particular experience in high value financial & property disputes.

Other articles by Nadia Davis

Shropshire Solicitor's Divorce Warning! Divorcing Couples At Risk If Former Partner Goes Bankrupt - by Nadia Davis
UK couples should be aware that their divorce payouts could be at risk if their former partner is declared bankrupt. A Shropshire divorce solicitor has warned couple's facing a divorce that their financial settlement could be at risk if their former partner is declared bankrupt.

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