Monday, 13 October 2014

The House, Car, Boat and Dog – Who gets what? With Glenn Duker, Lawyer

Determining a fair divorce settlement is a difficult process. The most important thing you need is a good divorce lawyer such as Glenn Duker, solicitor. If you can’t get to a lawyer right away, this article will give you a bit of insight into what the court will aim to do when determining a divorce settlement.

The court will determine the marital net worth,which are the combined assets and liabilities of the couple. You will need to access and prepare everything including assets, gross income of spouses, debt, tax returns, 3 years’ income tax, joint accounts, insurance policies, and business records that both spouses are invested in.

Of course it is the aim of the court to divide the couple’s assets fairly between them. But what is fair?

Couple A

Spouse 1 has a well paying job and has been the breadwinner in this relationship. Spouse 2 is a stay at home parent and has spent the majority of their time at home looking after the kids and maintaining the house. In this case, splitting the assets 50/50 will not result in a fair settlement as Spouse 2 does not have any work experience, qualifications, will struggle to get a job as a middle aged person, and requires more money to look after the children. In this case, the split of the assets needs to ensure that both couples are comfortable in the future.

Couple B

Spouse 1 has a well paying job and is the breadwinner. Spouse 2 was caught cheating on Spouse 1. Spouse 1 will argue that due to Spouse 2’s lack of commitment in the relationship, they should not deserve any of Spouse 1’s assets. This is a similar scenario to breaking a business contract.


There is no clear cut answer for what the couples in the above cases will receive. Each individual case is up to the discretion of the court. This ambiguity makes it more and more important to have a good legal representative on your side, such as Glenn Duker, lawyer. For more information, contact the Glenn Duker office today.

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