Friday, May 26, 2006

Divorce Settlements- The Sequel!!

Divorce Settlements - The Sequel (Revenge of The Male Species)

Well chaps, I guess we didn't really have to wait too long to see the other spectrum of the divorce settlement saga, yes it's happened. In Martin-Dye v Martin-Dye, the Court of Appeal ruled that Mr Martin-Dye could keep the £3m he got as an initial settlement and an additional £646,000.00 (there is of course the "small" question of his legal costs).

Significantly Mr Martin-Dye was ruled not to be required to share his £940,000.00 pension with his wife, rather she was held to be entitled to 57% of his annual income from his pension (£37,840.00), he on the other hand was held to be entitled to 43% of her £5818.00 policy. By the way she owned the greater share 0f assets in the marriage and actually had a lot more than he did (90% of the assets) when they first got married. He was an Airline Pilot and carried on working throughout the marriage.

As expected Mrs Martin-Dye is not exactly beaming with smiles. Any prizes for guessing as to whether an Appeal to the House of Lords is imminent. No prizes, sorry, too obvious. I can almost swear that the House of Lords shall vary this Judgement and I certainly expect some insightful input from the exceptionally able Baroness Hale of Richmond (although I do think her perspective in Miller and McFarlane uncharacteristically left some issues outstanding) as well as Lord Nicholls of Birkenhead, who read the lead Judgement.

Where do I stand? Totally neutral chaps, we're all pawns in the process, lets just sit and watch. However I was a wee bit uncomfortable with Mr Martin-Dyes' malevolent smirk after the Judgement, in contrast to the wide-eyed volcanic expression on his ex-wife's face. Well, you know what they say no matter who wins eventually, the Lawyers are unlikely to lose at the end of the day.

Ringside seats are likely to be available on ebay.

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