• 20 March 2015

House husband appeals divorce court’s decision

by Macks Solicitors

A house husband has appealed a ruling made by the divorce courts that will require him to sell his £1m Wimbledon home.

Rupert Nightingale, 42, was initially awarded a £300,000 payment and £50,000 a year maintenance from his ex-wife following their divorce in 2010. The £300,000 however, is to be funded from the sale of their matrimonial home, where he still lives.

During their seven-year marriage, Mr Nightingale was supported by his wife, Kirsten Turner, 41, an accountant who earns £420,000 a year. In contrast, he earned a small wage as a fine art photographer, after leaving his job as a picture editor for Men’s Health magazine in 2003.

He pursued his photography, but earned very little, and was at home to undertake household chores and childcare duties. His lawyer told the court that he had provided child care during their marriage, and had offered stability to the family.

The courts calculated that he earns a wage of £36,000 a year, and this was discounted from his maintenance amount. Mr Nightingale argues however, that he has not been employed for 11 years. He told the Standard: “Calculations were made on a salary of a job I did 11 years ago, which I gave up for my family. Now I’m doing something else. The judgment was unfair and unworkable, which is why the appeal was granted on all grounds.

“It has been a long fight, not of my making. It has been horrid. No one wants to go to the Court of Appeal but it’s necessary to seek a fair outcome.”

The couple met whilst attending the University of Sussex, and married in 2002 after ten years together. They have one child, of which they have a shared care arrangement.

Mr Nightingale believes that a gender bias affected the court’s decision.

At Macks, we believe that when a couple separates it is unfair for one party to be disadvantaged as a result of the decisions that were made during the relationship. Whether you are a man or woman, if you have taken the role of a home maker and the carer of your children based on the fact that you have agreed as a family unit that the other party is to go out to work, then credit ought to be given to the economically disadvantaged party.

If you wish to discuss any financial arrangements following a divorce or separation, you can contact our team of experienced divorce solicitors in Middlesbrough or Darlington. The Macks Family Law team are experienced in all aspects of divorce or separation, and offer a no-fuss, pragmatic approach to the legal process. Macks family law solicitors can be contacted on 01642 252 828.

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