Failing to consider the legal impact of one partner stepping back from work to raise children could cost couples dearly if the relationship breaks down.
This is the warning from Jordan Spalding, a solicitor in the family team at national law firm Clarke Willmott, who says the issue is one that many couples are facing, with the recent Netflix docuseries Blue Therapy also bringing it into mainstream conversation.
In the UK show Dami, who is contemplating divorce, has put her career on hold to become a stay-at-home mother while her partner Jermaine’s demanding work keeps him away from home.
“Couples often don’t realise the pension, maintenance and earning capacity implications if they later split up, when the financial impact can be most significant,” says Jordan Spalding.
“They must recognise that financial sacrifices made during a relationship are not automatically reflected fairly if it later breaks down.
“What each partner brings financially during a relationship is not treated like a running account that gets settled pound-for-pound on separation.
“The law focuses on fairness at the point of divorce or separation, rather than repayment of past contributions.”
The starting point for financial division on divorce is equal sharing of the matrimonial pot. However, under Section 25 of the Matrimonial Causes Act 1973, the Court may depart from equality.
“Blue Therapy highlights how these principles can come into play in modern relationships,” adds Jordan Spalding, who advises on divorce, wealth planning and nuptial agreements.
“The Court’s primary concern is the welfare of any children, ensuring their financial needs are met as a priority, including appropriate housing and ongoing provision if they live with one parent.
“The law recognises that financial contributions and caring responsibilities are equally important in a marriage, with a stay-at-home parent’s role treated as equal in value to that of the main earner.
“In a divorce settlement earning capacity is considered, including whether a parent who stepped away from work can return to work and become financially independent, affecting any ongoing maintenance.”
In Blue Therapy, Dami and Jermaine were able to resolve their issues and their marriage appears to have been strengthened by their therapeutic experience.
“Sadly, many couples cannot reach the same outcome,” says Jordan Spalding.
“Navigating a divorce can be challenging and family law can often feel overwhelming. Clear, straightforward legal advice can help make the process easier to manage.”
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.
The family team regularly advises individuals, couples, parents and business owners navigating complex or sensitive circumstances. For information visit – Who our family law solicitors can help.
