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Sharing of post-separation earnings: Francis J says 'I’m not lovin’ it'

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Date:23 JUL 2019
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Stuart Clark
Partner

Should there have been any doubt remaining Mr Justice Francis confirmed in O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) that post-separation earnings are not a matrimonial asset capable of being shared.

This follows the Court of Appeal decision in Waggott v Waggott [2018] EWCA Civ 727 as applied soon after by Mrs Justice Roberts in C v C [2018] EWHC 3186 (Fam). (My commentary on the latter can be found here).

Mr and Mrs O’Dwyer married in March 1988 and had four grown up children by the time of the divorce. The husband was 62 and the wife 60. They separated in March 2016 a 28 year marriage. The husband ran a successful McDonalds franchise (hence with apologies the title of this commentary). Net assets totalled £5.8m which were shared equally. 
HHJ O’Dwyer heard the matter at first instance. Alongside the sharing of net assets (which was not the subject of the appeal) he ordered periodical payments from the husband to the wife of £150 000 per annum until her 66th birthday. 
In his judgment which...

Read the full article here.

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