A recent court ruling has resolved a £200,000 dispute between a divorcing couple over the official date of their separation. The decision highlights the complexities of determining separation dates in long marriages, especially when finances and family dynamics are deeply intertwined.
In this case, the couple had been married for over 40 years, and their financial settlement hinged on establishing the date of their separation. The husband argued that they separated in 2014, around the time the wife moved to Italy to care for her mother, who was suffering from dementia. According to him, the couple had already agreed to divide their assets, and he claimed that any capital accrued after 2014 should be his alone. He pointed to certain actions taken in 2014, including applying for a single person’s council tax discount and putting the family home in England on the market, as evidence that their separation had already occurred.
The wife, however, contended that despite relocating to Italy, their marriage continued. She maintained that they regularly visited each other in both Italy and England and presented photos from 2018 showing them attending social events together and going on holidays. She argued that these images demonstrated an ongoing marital relationship. Additionally, she cited her emotional reaction to her husband’s new relationship in 2018, further proving, in her view, that they were still in a marital relationship at that time. The wife claimed that the separation only occurred in 2021 and sought an equal division of assets based on this timeline.
Recorder Rhys Taylor, after reviewing the evidence, ruled in the wife’s favour, determining that the couple had indeed separated in 2021. He remarked, “I do not accept the husband’s account that the wife left England permanently in 2014. It seems unlikely that she would have purchased a luxury vehicle in 2018 if she had moved to Italy permanently four years earlier.” Based on this finding, the court ordered an equal division of the couple’s assets, valued at approximately £1.5 million. The wife was awarded a lump sum of £264,666 along with her share of their joint assets. Had the husband’s claim of separation in 2014 been accepted, he would have retained an additional £200,000, which would have significantly reduced the wife’s share.
This case underscores the complexity of establishing a separation date in divorce proceedings, especially in long marriages where financial and emotional ties persist. It serves as a reminder that separation dates have substantial implications for asset division and can significantly affect financial settlements in UK divorce cases.
