A couple has been separated for two years before going into mediation. One of the spouses has been offered a redundancy payment (the higher earner in this case). Is the other spouse entitled to half of that payment by law?
Depends on how much the package is, if it is an expected payment ie - known about/declared during financial discussions, what other assets there are, what the chances are of the spouse being made redundant of finding another job are, etc etc. MOre details would help.
There's no such thing as being entitled to something like this. Entitlement is what is granted by the court in a court order. It's rather annoying to have an ex- saying "I only what what I'm entitled to..." and in fact all that they are entitled to is if their name is on the title deeds of the house.
It's for the court to decide the entitlement.
Now, would the court in deciding what that should be consider a redundancy package received between decrees and financial settlement? Well, yes they would. They would most likely start, in case of a long marriage, with a 50/50 split and move away from that in order to address relative earnings, ability to rebuild one's life, meet ones vital needs such as living near support network or near one's employment etc.
Even if a financial order was settled, then there may be grounds within a year of that to reopen the settlement IF the event was reasonably foreseeable, BUT there's a huge danger in that because the court does not lightly revisit a sealed Consent Order, and when they do it's because the sums are very significant. The case law involves figures of £1.4m, not £60k or so as solicitors fees are likely to be around that kind of sum just to get it back to court.
Thank you. There are no more details yet but I wondered if you know of any source of guidance on this topic, a link to a website etc. that would provide any guidelines? Since it is going through mediation, I don't believe there will be a judge looking at a court order except at the very end of the process. Sums are not significant.