This was a case where the income earned by the wife was around £420,000 whilst the husband little by comparison as a photographer.
Having been granted a £300,000 lump sum and spousal maintenance of £50,000 per year back in 2010 he is now appealing the terms of the order because to receive this it will result in the matrimonial home being sold.
The award was said to have been calculated on him returning to full time work. Mr Nightingale told the Evening Standard newspaper that he believed there to be an element of gender bias in the original award. Men staying at home and not working, whilst the wife goes out to earn the crust isn't considered to be the norm. Some may argue prejudice aimed at men who give up career for a more caring role.
Financial cases are assessed very much on a case by case basis. Each individual case will have its own set of individual facts.
Mr Nightingale is arguing for an increase in his maintenance to £85,000 per year so allow him to remain a house husband on at least a part-time basis.
A complete role reversal in divorce cases is rare. Whilst the shift between traditional gender roles may be taking place it is likely such a shift will be gradual and more subtle. Will there be an influx of cases like this ending up in the family courts – probably not.
If you would like help with a divorce or separation problem, Atherton Godfrey has a specialist family department on hand to help – please call 01302 320621 or alternatively contact them by email at firstname.lastname@example.org in confidence.