LLB FAMILY LAW - Jane and Mark had been married for 18 years, their matrimonial assets were 拢20 Million.?

On Divorce Jane calims half of their matrimonial assets basing on that her contribution had been equal since she left her job after marraige to raise the children of the family. However Mark protests in saying that he had made an exceptional contribution in generating the family fortune. So that is why mark refuses to pay half of the matrimonial assets.
Advise Jane about the likely outcome of the case.

In England and Wales there are no rules setting out precisely how assets will be divided on a divorce. Unlike some other legal systems, English law starts from the principle of separate property during marriage, but gives the courts, on divorce, a very wide discretion to redistribute all the assets of the parties, taking into consideration 鈥渁ll the circumstances of the case鈥? The court may, in its discretion, transfer property from one spouse to another, may order lump sum payments to be made by one spouse to another, and may order one spouse to make ongoing payments, known as periodical payments, to the other spouse. In considering how to exercise its discretion to make any or all of these orders, the court is required to consider certain factors: the welfare of the children, the parties鈥?financial resources, their financial needs, their standard of living, their ages and the duration of the marriage, any physical or mental disability of either party, the contributions made by each party to the welfare of the family and, in exceptional circumstances, their conduct. Finally the court must give particular consideration to whether it is possible to achieve a clean break settlement, involving no on-going payments.

Her skills as a home maker are considered as valuble. Janes contribution would be classed as impotant as his, in providing him a good home for him and his children.

Regardless of financial contribution in generating the wealth, raising the children, cooking, cleaning and doing all the regular things a non salaried partner does in a marriage will be sufficient to show that she has made relevant contribution towards the family wealth.