Genius must be shared in a divorce settlement

Billionaire Henry Silverman has reportedly argued that his wife should receive a reduced divorce settlement because it was his 'innate genius' alone that lead to the accumulation of his alleged $450 million fortune.

Under divorce law in England the starting point is a 50/50 division of a couple's finances. The divorce solicitors may then try to find reasons why one party should receive  a greater share. One reason is known as a 'stellar contribution' which no doubt Mr Silverman considers he made.

The family law courts are however very reluctant to treat such exceptional financial contributions as a reason to depart from an equal split of martial assets even where the wealth it generated is extraordinary. This is because our divorce law views the contributions of the breadwinner and homemaker as equal.

Unless, therefore, the genius that generated the wealth is such as to induce a 'gulp' rather than a 'gasp' it will not effect the terms of the divorce settlement.

You will find more divorce advice in our family law blog or you can follow us on Twitter @Divorce_experts.

The effect is the same...

It is reported that the Government has delayed a consultation on equality betwen marriage and civil partnerships from the summer to the autumn.  This has apparently upset many gay rights campaigners who feel that both options should immediately be available to all, regardless of sexual orientation.  Currently, marriage can only take place between a man and a woman, whilst civil partnerships are only available to same sex couples.

Whatever the rights and wrongs of this approach, there is little practical difference to the advice given on divorce at the end of a marriage or when advising parties who wish to dissolve their civil partnership.  The only real difference appears in the reasons given for the end of the relationship.  Married couples can cite adultery as one of the reasons why the marriage has failed.  The same is not available to those wishing to end their civil partnership.

When considering the financial consequences, however, divorce settlements are based on the same law and principles as apply to civil partnerships.  Parties can share remedies in respect of capital, income and pension.  The court will apply the same legal principles to determine a fair settlement on a divorce or when dissolving a civil partnership.  The welfare of any children of the relationship is of paramount importance, before going on to consider a range of other factors.

For more advice on divorce or dissolving your civil partnership follow our family law blog of follow us on Twitter @Divorce_experts.

Boise Divorce Attorneys - Family Law Lawyers

For divorce and custody issues, please call (208) 472-2383 today.

As a Boise Divorce Attorney, I deal regularly with issues outside of the divorce arena but still well within the purview of Family Law.  Paternity and custody are examples of this.  Paternity issues often arise outside of the marriage or divorce context. 

If a child is born to an unmarried couple the issue of paternity and custody need to be determined.  Often people approach the visitation between parties and any child support payments in an informal context.  This generally works amiably until conflict arises and then inevitably visitation is denied and custody is threatened.  Attorneys are generally then called in to "fix" the situation.

The first step that needs to be taken when a child is born out of wedlock is to establish paternity.  There is a simple and fairly inexpensive test to determine who the father of the child is.  Establishing paternity is important because it can set the stage for child support, custody and visitation.  If the mother is on medicaid, the State of Idaho and their attorneys will automatically proceed with this step. It is important to establish paternity so that the responsibility of financial support can be directed to the right person. 

Once it is clear that the father is the father of the child, child support can be established, based upon the Idaho child support guidelines and the respective incomes of the parents.  The lawyers on both sides will also move forward with establishing custody and visitation.  This can be done through mutual agreement or by a finding of the court.  The factors that go into establishing custody and visitation are the same factors that Idaho judges use for custody determination in divorce cases.

If you have a family law issue and need to speak to a Boise Divorce Attorney, please call (208) 472-2383 today.