John Howe & Co

John Howe, partner at West Yorkshire law firm John Howe & Co, has issued a timely warning that financial parity can be a thorny subject during a divorce.

This follows a highly publicised recent case in Spain where the ‘stay at home’ spouse has received a significant pay-out.

A Spanish businessman has been ordered by a court to pay his ex-wife the equivalent of more than £182,000 to compensate for 25 years of unpaid housework during their marriage.

Ivana Moral claimed that she supported her husband in his work, was mother and father to their two daughters, had no access to his financial affairs and had nothing in her own name.

Prior to the marriage in June 1995, Ivana had signed a separation of property regime specifying that whatever each person earned was theirs, with only possessions being shared. This left her with no access to any of the wealth acquired during the marriage.

Ivana alleged that her husband “did not want her to work” outside the home and that she has been dedicated to ‘essentially working in the home’, which meant looking after the home and the family and all that involves.’

However a judge in Southern Spain ruled that Ivana should receive the equivalent of £182,000, based on minimum wage throughout the time of their marriage, and a monthly pension from her ex-husband of £444 each month. Her two daughters, aged 20 and 14 are to receive £356 and £533 monthly. Her husband wished to only split their home and possessions.

John Howe, partner at John Howe & Co said: “This ruling demonstrates that divorce can be not only emotionally problematic but can cause a myriad of financial issues.

“Ms Moral claimed, and the Judge agreed, that her contribution to running the home and family enabled her husband to concentrate on his business, which became very successful.

“This reflects the position in this country that the courts regard wives who stay at home and bring up the family to enable the husband to go out to work as providing an equal contribution to the family’s resources as a husband who is the main bread winner.

“It also shows that the courts within any jurisdiction are not necessarily bound by the terms of any pre-nuptial agreement and that the divorce laws of each country would be applied especially in the case of a long marriage with children.

“This led to the judge awarding her this not insignificant amount of money, together with a monthly sum.

“The moral of this particular story is – seek legal advice if a divorce is in the offing.”

ENDS

NEWS RELEASE: ISSUED ON BEHALF OF John Howe & Co

CONTACT: Caroline Walker on 01325 363436

Notes to editors:

Established in 1994, John Howe & Co is a specialist and independent firm of solicitors. We offer a comprehensive range of legal advisory services to private individuals and businesses across many diverse sectors.