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Husband reduces divorce settlement by £15,000

A husband has succeeded in reducing the divorce settlement to his former wife by £15,000 after the judge was found to have miscalculated when setting the original figure.

The couple were both in their sixties and retired when their marriage broke down. They agreed to an equal division of assets including the matrimonial home. The husband agreed that to reach an equal division relating to the home and his pension, he would need to pay his former wife a lump sum.

When they could not agree the exact amount, the matter went to court and the district judge set the figure at £35,000. The husband appealed on the basis that the judge had miscalculated. However, the decision was upheld by a circuit judge so the husband took the case to the Court of Appeal.

That has now ruled in his favour saying the payment had been assessed on an inaccurate basis. There had been some double-counting when assessing the assets and equity. The court therefore reduced the lump sum payable from £35,000 to £20,000.

Please contact us if you would like more information about divorce proceedings or any aspect of matrimonial law.
