Eastenders fans will have recently been watching the deterioration of the relationship between Ian & Jane Beale.
Matters appear to have now come to a head and Ian is attempting to evict Jane from his home. As they are married, he will be unable to evict her without a Court Order as Jane has matrimonial home rights in respect of the property.
More interestingly however, Jane stated that she would not go until she got not only half but more than half of Ian’s assets. If they both cannot agree on financial matters in divorce, which is likely to be the case given Ian always seems to be counting the pennies, then the matter would ultimately have to be decided by a Court.
The starting point when it comes to dividing assets is for there to be a 50/50 split. However, there are various factors to which the Court has regard and which could lead to a departure from equality.
Ian’s lawyers are likely to argue that he built up his businesses and “empire” well before even meeting Jane and that these contributions ought to be taken into account. If their child Bobby lives with Ian, then this will also assist his divorce case.
Jane on the other hand, will argue that she needs to buy a property for herself and also will need enough money to compensate for the fact that once divorced, she is likely to be unemployed as her sole income derives from working for Ian’s business who will no doubt wish to no longer employ his ex-wife!
In fairness Jane’s contributions have been substantial over the years and Ian would not have been able to build up his businesses without her input. Unfortunately for her, Ian’s extra marital affairs and general appalling conduct throughout the marriage is unlikely to be taken into account.
As a Divorce Solicitor, if advising Jane, I would state she may well get 50% of the overall assets but could struggle to get any more. What is clear is that Ian will certainly not part with his assets without a fight and future episodes will make for interesting viewing!