Another Reminder Of The Crucial Importance Of Keeping Legal Fees In Check
The High Courts often deal with very wealthy families, where the available assets far outstrip the needs of the couple. But these cases don’t reflect the day-to-day experiences of the vast majority of the divorcing population. However, in the recent decision of JM v KK [2021] EWFC 54, Mr Justice Cohen deals with a case involving much more regular financial circumstances.
At the time of judgment, the husband was 50 and the wife aged 41. They had a 14 year marriage, and one daughter together.
They had lived in England before moving to India and then to the Middle East. The husband had a succession of jobs in the Gulf region as an in-house recruiter and commanded a high salary and incurred minimal tax liability. Towards the end of the marriage, the wife took jobs as an events’ organiser. As a result, they lived a comfortable lifestyle.
Following an argument in December 2019, the husband flew with their daughter to England without informing the wife. The husband petitioned for divorce on 23 December 2019 on the jurisdictional basis of domicile in England and Wales.
There followed litigation in respect of their daughter which eventually resulted in a final order for her to live with her mother in India and spend approximately 2 months of the year with her father in England. By that stage the couple had, between them, spent approximately £150,000 on legal proceedings relating to their daughter. The husband had also lost his employment. The impact was financially devastating.
As Mr Justice Cohen concluded: “This case has been a classic example of how what is sometimes described as small money cases can be infinitely more difficult than cases involving larger sums. It is impossible to find a solution that can leave both parties happy. The decisions that each party took as the marriage broke down and in their understandable desire to be the carer of their daughter have been hugely detrimental financially to them both.”
Yet again it is a sobering reminder of the need to be mindful of the way you approach divorce. The decisions taken at the very beginning of the process can have huge ramifications further down the line.
If you have more questions about this topic or any other legal issues arising on divorce or separation, please do get in touch as we are always happy to help. You can call us on 0203 488 4475 or email contact@thedivorcesurgery.co.
Author Name: Editor
Published content by The Divorce Surgery Editorial Team.
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