Priya Palanivel at Goodman Ray comments:
“The media furore around Tracey Wright’s loss in the Court of Appeal this week does nothing to assist divorcing couples to reach agreements and settlements in an amicable non-hostile way.
The court of appeal decision of Lord Justice Pitchford varying the spousal maintenance element of Tracey Wright’s award to zero is an extreme case. The judge took into account that since the order made in 2008 Tracey appeared to have done nothing to improve her earning potential whilst receiving a healthy amount of maintenance and living in a mortgage-free house. Lord Justice Pitchford did not feel this was equitable given that Ian Malcolm Wright was fast approaching retirement and could not continue supporting her at this level. This is not the average divorcing wife’s reality.
The English law governing divorce will always look at the parties’ needs and the needs of any children will always be of the paramount importance. Whilst wives continue to be the primary caregivers in this country their needs will still trump that of the typically higher earning husband and therefore spousal maintenance will always be an important factor and quite rightly so.
Is it wrong to deem London the divorce capital of the world? Whilst London continues to be seen as the most equitable platform and non-discriminatory, the English jurisdiction will always be favoured by the financially weaker party.”
Read the Guardian article on this case here.