Divorcee Woman Receives No Pity From The Court
I have always found it strange how, in the divorce cases that I have dealt with over the years, the lesser earning spouse has always felt and made very vocal, their feeling of entitlement. This feeling is magnified significantly, if they were not the spouse to commence divorce proceedings. More times than not, I have left Court feeling slightly dismayed by the manner in which a Judge interprets such emotion and this has largely been my reasons for representing husbands in divorce cases. But occasionally, a decision is made which is invariably the right decision and judges demonstrate that they are capable of looking past the emotion.
Recently, the ex-wife of a wealthy sales director was ordered to leave the couple’s former family home by the Court of Appeal.
Following a marriage of seven years, Therese St Claire Marshall and her husband Nicholas, called time on their marriage. She remained in the family home and he returned to live in his parents’ home. By way of a Court Order in 2013 the divorce was finalised and a clean break was achieved: the former home was to be sold with Mrs Marshall receiving a payment of £650,000.
But, Mrs Marshall was not happy with the Order. She took the matter to the Court of Appeal – refusing to hand over the property keys and refusing to allow anyone in to market the property. She argued that the Judge was wrong to order her to leave the property
and to require her to pay her legal fees of £75,000 from her own settlement. She blamed the Court for trying to “throw me out on the street,” and said “I have nowhere to go”. What she was not taking in to consideration was that during all this time, Mr Marshall had been paying the mortgage to the property as well as all other outgoings – an unnecessary financial burden, especially as the house should have been sold.
Thankfully, all ended well: Lord Justice MacFarlane dismissed Mrs Marshall’s appeal, saying:“This simple, straightforward order, harsh though it may be to her, must be enforced, for the court’s orders to be respected and, frankly, for this couple to move on.” Here here!
PINDER REAUX & ASSOCIATES