A woman who “sacrificed” her career as a solicitor so she could look after her children has won compensation on top of an equal share of the family’s wealth after her divorce.
The ruling could have implications for other divorce cases in which one partner has stepped back from their career for the good of the family, a lawyer said.
The Cambridge graduate was embroiled in a fight over cash with her millionaire husband, who is also a solicitor, after the breakdown of their marriage.
A judge has decided the pair, who were married for about a decade and have two children, should split assets of nearly £10 million equally but that the woman should get another £400,000 in compensation for curtailing her legal career.
Mr Justice Moor said there had been “relationship-generated disadvantage” as the husband was still able to enjoy a “stellar” career.
“[The woman] viewed herself as the parent who would take primary responsibility for the children,” he said. “The husband’s career took precedence. I accept that it is unusual to find significant relationship-generated disadvantage that may lead to a claim for compensation but I am clear that this is one such case.
“I have come to the conclusion that an appropriate sum to award for relationship-generated disadvantage, over and above her half share of the assets, is the sum of £400,000.”
Jane Keir, a lawyer with Kingsley Napley LLP, represented the woman and said the case could have implications for the future.
“As a talented lawyer, our client sacrificed a potentially lucrative career for her family and to care for the children,” she said. “Although Mr Justice Moor has made clear this decision should not open the floodgates to a raft of relationship-generated disadvantage claims, the judgment affirms that in truly exceptional circumstances the principle of compensation still exists in family law, and rightly so.
“In theory, this would apply to whichever partner steps back in their career putting family ahead of ambition and earning power.”
Details of the case emerged in a ruling produced by Moor after a recent private family court trial in London. He said the couple, who live in London and are both in their 40s, could not be identified in media reports.
