Mystery benefactors and legal costs

It is with great interest that I read about Michelle Young returning her divorce case to the High Court before Mr Justice Mostyn, not just because of the historical record maintenance package that she was awarded just over five years ago, but the fact that she now has a mystery benefactor who has promised unlimited funds to her to help pursue her former husband.

Scot Young had made a fortune as a deal “fixer” for Russian oligarchs and British billionaires and at the time of the hearing was estimated to have a £400million fortune. At the time of the divorce Ms Young was awarded Britain’s biggest maintenance award of £27,500 a month, in addition to the private school fees for the couples’ two daughters.

Mr Young declared himself bankrupt and Ms Young has had her suspicions that Mr Young has hidden assets around the world and used a number of friends to assist him in this purely to defeat her claims. She has spent what money she has pursuing him through the courts to no avail, but now following the involvement of a mystery benefactor she claims she will get the justice she deserves.

She has indicated the identity of the benefactor would be made clear after the hearing and conclusion of the case, surely the individual will wish to remain anonymous or else face numerous requests for financial support for willing causes. I often have family members stepping in to assist clients with their fees, but for the benefactor to suggest an unlimited fund to find the hidden millions, I would suggest he, or she, has very deep pockets as lawyers don’t come cheap!

 

UK Lottery ruling – Make sure you buy your own ticket!

In the High Court this week Mr Justice Mostyn gave what is believed to be the first reported UK ruling upon a National Lottery windfall and how it should be divided upon divorce.

After a 25 year marriage during which the Wife won £500,000 about ten years ago, the case has now come to court with the Husband seeking to claim a half-share of the prize money.

The couple who cannot be named for legal reasons separated approximately three years after the windfall and been separated since that date. After the windfall the wife used part of the proceeds to buy a house for herself and the husband to live in and as a result of this action Mr Justice Mostyn awarded the Husband £85,000.

His ruling which raised the issue once again of “non-matrimonial assets”, ie assets brought into the relationship solely by one party, confirmed that had she not used part of the assets for her and her husband then the Hotel Porter husband would possibly have received nothing despite the length of their marriage.

The Judge mentioned that there are 5 reported cases involving lottery wins in Australia and no doubt he may have given consideration to the outcomes of those cases. But a clear message was given that couples within a marriage should buy their own tickets independently of the other using their own incomes if they want to successfully argue that the asset does not form part of the matrimonial assets to be divided on divorce.

For more information or advice please call Mark Sage on 01225 750072 or email marksage@mogers.co.uk