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£1.7 million divorce war leaves couple in financial ruin

A once wealthy couple has been criticised by a judge for "wrecking the ship of their marriage, then turning their attention to the lifeboats" after spending £1.7 million on a bitter divorce battle and following it up with more court arguments about maintenance.

Last updated on August 18th, 2015 at 02:04 pm

Giles and Anne Marie Kavanagh once lived in a £3.23 million, 7 bedroom house in Surrey, but split up in 2008.  After years of fighting over divorce and children, their assets have been  squandered, and their house had to be sold to fund the battle, leaving a residue of only around £90,000 – all of which has gone to Mrs Kavanagh.

Mr Kavanagh – who earns around half a million pounds a year as a partner in a law firm in Surrey – was left with net debts after the divorce, but despite this, his ex-wife has appealed to the court for an increase in maintenance from £48,000 a year to between £66,000 and £80,000 a year.  Her barrister told the court that since 2008 Mr Kavanagh had received a pay increase “of over double the average annual wage of a man living in the South East of England”.  He also asked the court to consider compensation for Mrs Kavanagh, who “gave up a promising future to give birth to and raise three children” and suggested that had she not put her career on hold she may well have been as successful as her ex-husband.  The request was denied by Lord Justice McFarlane, who, commenting that Mr Kavanagh also paid £36,000 a year for the private education of his 3 children, said that there would be no chance of an appeal succeeding, should it be allowed.  He referred to the case as tragic and said that the “the impact of the debt of costs…was a catastrophe for this family.”

Graysons WE family department agrees with Lord Justice McFarlane saying “We are not sure what else one can say about such a bitter battle other than this is a lesson in how not to deal with the breakdown of a relationship – and how sad that the children’s future seems to have been sacrificed because Mr and Mrs Kavanagh didn’t find a better – and ultimately fairer way to sort things out.   There is more than one way to resolve divorce issues and a head on, asset-draining war is definitely not the best solution in many cases – especially where there are children involved.  At Graysons WE we settle many of our cases with round table meetings in a positive and none adversarial way.   At these meetings, after exchanging disclosure, both parties and their solicitors sit down together and try to mediate a solution in one morning or afternoon session – unlike traditional mediation which can often take a number of meetings.  Also, during traditional mediation couples are often told to get additional legal advice on proposals or agreements that are negotiated, but with round table meetings  parties benefit from direct legal advice there and then during the process.  Most of the clients that we have led through round table meetings have had extremely positive outcomes, and we think it would have been a much better route for this poor couple and family.”

£1.7 million divorce war leaves couple in financial ruinFor further advice and information on any matrimonial matter, including complex financial issues, please contact our specialist family department on 0114 358 9009 or email family@graysons.co.uk

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