“Relationship-Generated Disadvantage “Landmark or Dead End?

Lawyers are heralding as a landmark decision, the judgement in RC v JC given earlier this month. A woman who sacrificed her career as a Solicitor to look after her children was given an additional sum of money on Divorce.

The wife, a Cambridge graduate and trainee Solicitor stepped back from her budding legal career for the good of her family, whilst the husband, also a Solicitor, continued to pursue his career. The couple were married for ten years and had two children. Their bitter court dispute was over the finances of the divorce. 

Mr Justice Moor stated the wife of the marriage viewed herself as a “parent who would take primary responsibility for the children. The husband’s career took precedence, it is unusual to find significant relationship-generated disadvantage that may lead to a claim for compensation”. 

Robert Bellhouse, family law expert with Ware & Kay in York & Wetherby says the legal position varies depending on your circumstances and clearly this was an unusual case because the judge ruled that the pair, who were disputing finances, are to split assets of £10 million equally, and that the wife should be awarded another £400,000 in compensation after she curtailed her legal career so that the husband could enjoy a “stellar” career. 

This finding is no doubt going to influence any future case where one partner steps back in their career and putting the family ahead of ambition or indeed earning power. 

 Mr Justice Moor did make it very clear that this finding should not be allowed to open the flood gates to a whole host of relationship-generated disadvantage claims. Throughout his judgement it is made very clear that whilst the principle of compensation does still exist in family law; compensation should only be sought in truly exceptional circumstances. In this instance, a very talented lawyer sacrificed a potentially lucrative career for the family

If you are experiencing problems in your marriage, it is important that you obtain the advice early from an experienced family lawyer, Robert can be contacted on 01904 716000 or email robert.bellhouse@warekay.co.uk