From www.thelawyer.com
Stand by your man?, goes the song, but wives may soon be thinking ?why bother?? thanks to a number of high-profile divorce cases going through the courts that could swing the pendulum very much in their favour.
Two Court of Appeal cases, if they come down in favour of the ex-wives, could bring the UK system in line with that of the US. Karen Parlour, wife of Arsenal football player Ray Parlour and mother of his three children, split from her husband after a three-year marriage. An order gave Karen the family house, a holiday chalet, a lump sum of £250,000 and maintenance totalling £250,000 per annum. Ray Parlour is applying to reduce the award while Karen Parlour wants a further cut of his future earnings.
White v White in 2000 set the precedent that where a couple has contributed equally to a marriage, they should take out equally.
The Parlour case takes this principle a step further. Ray Parlour earns £1m per year and his ex-wife wants to apply the established 50 per cent principle to income, although because of the marriage?s brevity is prepared to take a 37.7 per cent stake, which would equal £444,000.
Her legal team argues that she should be allowed the money to save for the future, as she helped her husband grow up and stay away from alcohol. The other side says that having a share of earning capacity, possibly in perpetuity, is grossly unfair.
Much has been made of the fact that Karen Parlour is a former optician?s assistant and would never have got used to the high-life had she not married Ray Parlour. But in another high-profile divorce awaiting judgment, the same criticism cannot be made.
Julia McFarlane gave up her career working for a City law firm in order to support her husband and his career. She was awarded maintenance of £180,000 but says she is entitled to half of his £1m annual salary on the grounds that she gave up a potentially lucrative career.
Another case that has already reached judgment dealt with the muddier issue of co-habitees. Although Elayne Oxley had a 28 per cent financial stake in the house she had shared with Allan Hiscock for 10 years, the court ruled that she should be awarded 40 per cent of the sale price to take into account her contributions such as paying the bills and making home improvements.