House of Lords could affect Paul McCartney divorce

A landmark House of Lords ruling expected on Wednesday (May 24) could lead to a massive increase in the size of divorce settlements awarded when short marriages break up, according to legal experts.
It means Paul McCartney may have to hand over a quarter of his estimated £800m to his wife or four years, Heather Mills.
The ruling that could have major implications for the McCartneys and thousands of other less celebrated couples involves fund manager Alan Miller whose marriage broke down after two years and seven months.
Nottingham solicitor Catherine Wenborn says the case has been followed closely by lawyers throughout the country as it could have a major impact on how divorce settlements are decided in future.
Before getting married Mr Miller earned £1m a year and had assets of approximately £20m. His wife Melissa earned £85,000 and lived in a rented flat. Mr Miller later left his wife after starting a relationship with another woman whom he then married.
He argued that his former wife should only receive £1.3m because it was a short marriage and she had no significant assets before she met him. She rejected this offer and was awarded £5m by the court. Mr Miller appealed but lost his case in the Court of Appeal and the matter is now being considered by the House of Lords.
Miss Wenborn, who is head of the family law department at Andersons Solicitors in Nottingham, says the case is significant because it impacts upon the way courts could look at settlements.
“Mr Miller’s lawyers argued there was an established principle that a wife need only be awarded enough ‘to get back on her feet’ if the marriage had only been a brief one.
“But the Appeal Court decided that was outdated and that current law needed to evaluate her emotional and psychological investment in the marriage rather than just assess her material requirements. The court also decided that Mr Miller’s conduct in forming a relationship with another woman led to the breakdown of the marriage and that should be taken into account in assessing the settlement.
“This sent shock waves through many divorce lawyers who thought conduct was no longer an issue. Now it seems it could be.
“The court also ruled that in getting married, the husband led the wife to expect a higher standard of living than she had been used to before. This could be significant in the McCartney case.”
The Lords are due to give their findings on Wednesday May 24th. If they uphold the Court of Appeal ruling it means awards following short marriages could be more generous in future.
Catherine Wenborn is Head of the Family Law Team at Andersons Solicitors in Nottingham and is available for interview or comment on the implications of the House of Lords rulings, she can be contacted on 0115 988 6717 or email: cwenborn@andersonssolicitors.co.uk.