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Wife awarded £400k for sacrificing her Solicitor career

 

A recent decision in RC v JC, a wife was awarded £400,000 in compensation for sacrificing her legal career to care for the children. This was awarded on top of an equal share of the family’s wealth after her divorce.

Mr. Justice Moor who delivered the judgment said that there have been ‘relationship-generated disadvantage’ to justify awarding the wife compensation as the husband was still able to enjoy a ‘stellar’ career.

Whilst there is some concern that this landmark case would open the floodgates to spouses seeking compensation in similar situations Mr Justice Moor stressed that his judgment should not be treated as a ‘green light’ for other spouses to make similar claims. The judgment affirms that in truly ‘exceptional circumstances’ the principle of compensation still exists in family law, and rightly so.

It is clear that the decision, in this case, was exceptional. Mr Justice Moor was able to make a confident finding that there was no doubt that the wife would have a had a lucrative career had it not been a joint decision that she would step back and become the primary carer for the children and that it was possible to quantify this loss with reasonable accuracy.

Mike Follis, Head of Family Law at Davies and Partners commented, “running an argument for compensation will require careful thought and planning at an early stage although I do not think that this case will not create a precedent in ‘needs’ cases”.

If you would like to discuss any of these matters in confidence, please contact Mike Follis, Head of the Family Law and Divorce Team, on 0121 616 4450, or email mike.follis@daviesandpartners.com.

 
 
 

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