Divorce add-onFamily Law Week reports that a wife whose husband allegedly spent substantial sums on drugs, alcohol and prostitutes during the marriage, has failed in her attempt to persuade the Family Court to add-back £1.5 million to the matrimonial property as compensation.

The court heard that the couple, who had been married for 40 years, had net matrimonial assets of approximately £25 million. They had built up a successful property maintenance business, in which the husband held 95% of the shares, and the wife the remaining 5%.

The matrimonial home, in which the wife continued to reside after she and her husband separated in 2012, was worth £2.3 million and the couple also owned two other substantial properties in Spain.

Both the husband and wife had continued to work for the company following their separation. However, the wife was dismissed from her post in 2014. Her salary ceased to be paid and she lost her entitlement to claim Entrepreneur’s Relief in the event that she sold her shares in the family business. Accordingly, she sought that this loss be taken account of in the distribution of matrimonial property.

The wife sought a financial settlement of 50% of the matrimonial property, and requested that the sum of £1.5 million be added back to the matrimonial property as compensation. She claimed that there would have been twice as much available for division between the couple, but for her husband’s financial conduct.

The court heard that the husband was alleged to have had serious issues with alcohol and cocaine, spending an estimated £230,000.00 on treatments for these addictions. The wife claimed that he continued to spend around £6000 per week on drink and drugs, plus large sums on prostitutes.

The judge, Mr. Justice Moor, agreed that the wife should be compensated for the loss of the Entrepreneur’s Allowance resulting from her dismissal. However, he concluded that whilst the husband’s spending on drink and drugs had been irresponsible, it did not amount to deliberate or wanton dissipation of matrimonial assets.

It would, he said, be wrong to permit the wife to benefit from the qualities of the husband which had enabled him to make such a success of the family business while at the same time being immune to the financial hit attributable to his spending habit. Accordingly, he was not prepared to grant the wife’s request for an add-back in respect of her husband’s spending.

Got a question? Ask us now…

Kindly complete the form below to send an enquiry. Your message will be sent to one of our solicitors. Discretion is guaranteed.

Your Information

  • Consider including information such as: the name of your spouse (if relevant), the country you live in, the background to your problem.

  • This field is for validation purposes and should be left unchanged.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Over 2000 FREE
consultations and counting…

Our free consultation can help you more clearly understand the legal issues relating your case and what your options are to move forward.

Request your free consultation

Or send us an enquiry

I had a 30-minute consultation with Samantha Jago where she clearly explained all my options and followed up with a detailed email of notes. I would highly recommend if you need help to clarify where you stand and getting options for how you move forward.

Jun 2024   Katherine Davey

I recently had a one hour pro bono consultation with Samantha Jago. I was really blown away by how much she was able to digest in such a short period of time and even more so by the report which I received shortly after.

Apr 2024   S DF

I had applied for a free consultation and I was contacted in a very short timeframe. Thank you so much for the insightful and thorough consultation, Kevin Danagher. You made me feel at ease and you provided clear expectations with the initial info I had provided... I have now a much better understanding on my query.

Feb 2024   Sonia Accardi

We had a very useful first consultation with Amber Matheson today. Amber took the time to understand our (somewhat complicated) set-up, and offered good, understandable advice on next steps. She followed up with a very thorough email clarifying what we had discussed. Highly recommended.

Feb 2024   Lucie

Lovely friendly experience. All questions were answered so that I understood completely.

Dec 2023   Ali Catlin

Very balanced, fair and pragmatic advice. Thoroughly recommend!!

Nov 2023   James Elliott

Henry graciously provided his time for a consultation. I found him to be highly knowledgeable, empathetic and he provided excellent advice which put my mind at ease. Would highly recommend Henry and his firm.

Oct 2023   Allan Ang

Henry Brookman went above and beyond during the free consultation, and even overran the allocated time. He provided invaluable professional advice in a courteous manner. I recommend his firm without reservation.

Sep 2023   Mario Ignatov

I only had my initial free review with Amelia yet I already feel much more strengthened in my legal and financial position. I am currently reflecting on the steps I want to take to negotiate my desired outcome of the financial settlement but, when I am ready to use the services of a lawyer, Amelia is definitely the top on my list.

Sep 2023   Nahid Toubia

I had a zoom consultation with Lauren Moir and she was incredible. Very patient, insightful and reassuring. She also advised me based on my previous conversations with another firm and also clarified various positions I am in. Highly recommend.

Aug 2023   Gary Hawes

I was very impressed with the friendly, helpful and professional service offered by Brookman Solicitors. The generous advice and knowledge offered during the initial free consultation has enabled us to have a much better understanding of our case and plan a way forward.

Jul 2023   Peter Jackson

I had a first consultation with Kevin, who very diligently and professionally provided an exhaustive overview of the divorce process and the best approach for my specific case.

Jul 2023   Giulia Matteo

Great service and excellent advice at the initial consultation. I would certainly recommend and use in the future.

Jul 2023   Tom James

Google Reviews
Ask A Question

Contact Us

If you have questions, contact us now, we can help you.

Enquire Now

Or call us on +44 (0)20 7430 8470