Fair Financial Outcome Achieved for Wife Following Long Marriage

The Client

Ms A came to us following the breakdown of a marriage of around 30 years. During the marriage, she had been the primary carer for the couple’s children and had spent most of that time as a stay-at-home mother. Her husband, Mr M, had remained in full-time employment throughout and had built up substantial pension provision, while Ms A had only a modest pension of her own.

By the time matters reached us, the children were adults and financially independent. The main assets were the former matrimonial home, which was mortgage-free, significant pensions in the husband’s name, and joint savings. Ms A was understandably concerned about her financial future, particularly given her more limited earning capacity and the need to ensure she could rehouse and maintain some security in retirement.

The Financial Issues

This was a long marriage, so the starting point was one of equal sharing. However, the position was not as straightforward as simply dividing everything down the middle.

There was a very significant disparity in pension provision, which meant retirement income was likely to be a central issue. Both parties also needed to rehouse, and Ms A’s lower earning capacity meant her future needs required careful consideration. It was necessary to look not only at the overall capital division, but also at whether a departure from equality was justified in order to achieve a fair outcome.

My Approach

I took a careful and practical approach from the outset. My priority was to ensure that Ms A fully understood the financial picture and the likely issues the court would consider in assessing fairness.

We worked through full financial disclosure, including Form E, pension cash equivalent values, property information, bank statements and income evidence. Given the scale of the pension imbalance, I also arranged for a pension on divorce expert to be instructed so that we had proper independent evidence on how pension provision could be addressed fairly.

At the Financial Dispute Resolution hearing, the husband’s position was that the property should be divided equally, with each party retaining their own pensions and no pension sharing order being made. In my view, that did not properly reflect the reality of the marriage or Ms A’s future needs, particularly in retirement.

I therefore focused on presenting the case clearly and realistically, with particular emphasis on the length of the marriage, Ms A’s contributions as homemaker and primary carer, the pension disparity, and her reduced earning capacity. It was important to ensure the court had a full picture of both the capital position and the long-term income consequences.

Outcome

At the FDR stage, the judge gave a clear indication that pension sharing would be necessary to achieve fairness. The court also indicated that the former matrimonial home would need to be sold so that both parties’ housing needs could be met, and that a departure from equality in Ms A’s favour was appropriate given her lower earning capacity and longer-term needs.

At the final hearing, the court ordered that the former matrimonial home be sold, with the proceeds divided 55% to Ms A and 45% to Mr M. A pension sharing order was also made, providing Ms A with 40% of Mr M’s pension so that retirement income could be more fairly balanced. The joint savings were divided equally, and a clean break order was made once the pension sharing arrangements had been implemented.

This meant Ms A was able to rehouse independently, secure greater stability for retirement, and move forward with a clearer sense of financial certainty.

Reflection

This was a good example of why financial cases following long marriages need to be looked at in the round. I was pleased to help secure an outcome that properly reflected both fairness and future need, particularly where pensions formed such an important part of the overall picture.

Comment from Daniel Knox

“In long marriages, fairness is rarely achieved by looking only at the family home or the immediate capital position. It is equally important to consider pensions, future income and each party’s ability to rebuild financial security after separation. In this case, careful preparation and a clear focus on long-term needs helped secure a fair and workable outcome.” – Daniel Knox, Family Law Solicitor, Clifford Johnston & Co.

Clifford Johnston & Co. supports clients with clear, practical and sensitive legal advice across a wide range of family and private client matters. Our Family Law Solicitors understand how stressful financial proceedings can be, and we work hard to provide steady guidance, clear communication and the reassurance clients need throughout the process.