Last updated on March 7th, 2017 at 11:22 am

Judge directs husband to make divorce offer

The husband on the receiving end of the court’s criticism was a Dr Khoo Kay Peng, the Malaysian chairman of Laura Ashley, in the midst of his divorce from wife, Paula Chai, after 43 years of marriage. Never before has a judge forced a party to make an open offer in this way. It was an admirable attempt to facilitate a fair settlement and avoid escalating legal fees by protracted and hostile litigation, with fees having already tipped a staggering £6 million.  It seemed that the judge felt that common sense had gone out of the window and the couple were so fixated on litigating that they had lost sight of their duty to negotiate and to try to find a dignified resolution.

Nicola Cancellara

Family solicitor, Nicola Cancellara, says “I think that every case is capable of settlement, provided that people are honest and transparent with their disclosure and that they listen sensibly to expert legal advice. Most divorce lawyers are members of Resolution (the national organisation of family lawyers committed to non-confrontational divorce) and will work creatively to help you find terms of settlement that are mutually acceptable to both parties. We do not profess this to be an easy task and compromise is certainly key to achieving a positive outcome.  But we should never lose sight of the bigger picture. Reaching an agreement is so much better for your family and healthier for you than battling it out in a court arena, handing over decision-making control to a stranger and paying for the process.

Whilst Mr Justice Bodey didn’t indicate what would happen if settlement wasn’t achieved within the 21 day period he allowed for these open offers to be exchanged, I suspect an expensive trial will be inevitable – but I do wonder at what cost to Dr Peng and Ms Chai and their wider family?. It saddens me that these intelligent people are at such loggerheads after so many years of marriage.”