An unusual case would appear to suggest that a person's frame of mind and ability to cope may have an impact when a court considers a financial settlement on divorce.
In a recent case, the order dealing with the finances of a divorcing couple awarded the wife almost all of the couple's assets. The courts were also willing to leave a French property of reasonable value, in which the wife would ultimately have a one-third interest, out of the settlement. The husband took the case to the Court of Appeal and tried to overturn the financial settlement.
The interesting aspect of this case is that the husband was judged to be in a better position than his wife both emotionally and financially to deal with the divorce. He had potential to borrow a significant sum under a mortgage and so it was considered that he could purchase himself another home without hardship. The Judge observed that the husband was 'apparently much more resistant to the impact of marital breakdown'.
The court were prepared to take into consideration the fact that the wife was emotionally fragile and this was one of the factors which the court took into account when refusing the husband's application to review the financial settlement.
This case is an important reminder that divorce has a financial and emotional impact and obtaining legal advice on divorce may help to maximise the chance of success in any financial settlement.
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