• Sectors we work in banner(2)

    Quick Reads

Atonement and post separation endeavour: wife keeps £1m gift from husband after his affair and will receive a share of his business’ future profits

min read

The case of CG v DL would have been a “paradigm case for equality” but for the issue of post separation endeavour and whether the wife should share in the husband’s business going forwards. Deciding how to approach the husband’s hedge fund business was “much the hardest issue in the case” for Sir Jonathan Cohen.

The wife had been seeking lump sums equal to 25% of the husband’s future share of profits and of any capital realisation from his business, for an unlimited period of time. In comparison, the husband’s position was that the parties should go their separate ways and that the wife’s proposal was an attempt to share in his earning capacity after the end of the marriage, saying it was wrong (in law) that his future endeavours should be the subject of any claim by the wife.

Sir Jonathan Cohen awarded the wife a 17.5% share of the husband’s profits in the years ending 2023, 2024, 2025 and 2026. His reasoning for giving the wife a share of the future profits was that “If H were left with the entirety of the future return of the business it would mean that he would receive the whole of the benefit of what was built up during the marriage and W would receive no part…The business is the continuation of what was created throughout the time that the parties were together. It would in my judgment be plainly unfair if W were not able to share any further in the benefits.” The share of 17.5% was a reflection of the percentage of the husband’s profit share attributable to marital endeavour and the period of four years was based on the husband’s evidence that by 2026 he would then be in the process of handing over to a successor (as part of his retirement).

Another issue decided at the final hearing in May 2023 was whether a gift of £1m which the husband had given the wife in January 2018 (after he had an affair in 2017) should be regarded as one of the matrimonial assets to be shared in the financial settlement. The judgment indicated that the husband had given his wife the sum of £1m because the husband’s former girlfriend had told him that she was pregnant and he was advised that he would likely have to pay her £1m in respect of proceedings she could bring against him under Schedule 1 of the Children Act 1989 (although, in fact, the former girlfriend was not pregnant and so no such payment was made to her). The husband’s former girlfriend had caused a great deal of stress for the family (after the affair ended) because she “began a campaign of public and private harassment and stalking of both H and W. Its effect was difficult for H, but it was acutely traumatic for W.” Sir Jonathan Cohen decided that the wife should be entitled to keep the £1m in its entirety, as was intended when it was given to her: “It was a payment that the husband had made to his wife to “make amends” for his behaviour and its appalling aftermath”.

 As Sir Jonathan Cohen reminded the parties in his judgment “The touchstone in the division of assets between divorcing spouses is always that of fairness”. He noted that his division of the liquid assets (£12.49m / 51.6% to the wife and £11.69m / 48.4% to the husband) reflected the assets the couple had built up together as well as the £1m gift from husband to wife. He observed that over the years to come the difference was very likely to be reversed as the husband continues to work in the business and that would be a fair and proper reflection of his future endeavour.

It was a payment that the husband had made to his wife to “make amends” for his behaviour and its appalling aftermath

Our thinking

  • Kurt Rademacher comments in Eprivateclient regarding the possible impact of the US mid-term elections on UHNWIs

    In the Press

    min read
  • Charles Russell Speechlys wins Private Client Law Firm – Ultra-High Net Worth 2026 at eprivateclient Excellence Awards

    Piers Master

    News

    min read
  • The Recognition of UK Grants of Probate in France

    Harriet Betteridge

    Insights

    min read
  • Lost and found: how to trace forgotten Swiss pension assets, and why it matters on divorce

    Joanna Metaxas

    Insights

    min read
  • IBA Annual Conference 2026

    Jean-Baptiste Beauvoir-Planson

    Events

  • Swiss Pension Assets After Moving Abroad: What You Need to Know

    Aline Wey Speirs

    Insights

    min read
  • My child is engaged – how do I raise the issue of a prenuptial agreement?

    Julia Cox

    Insights

    min read
  • What could the UK Government's proposed divorce law reforms mean for separating couples?

    Sarah Jane Boon

    Insights

    min read
  • Julia Cox comments in Morningstar on potential CGT changes in the UK Autumn Budget

    Julia Cox

    In the Press

    min read
  • Vadim Romanoff and Shaanil Senarath-Dassanayake consider the risks and rewards of digital assets for family offices in eprivateclient

    Vadim Romanoff

    In the Press

    min read
  • What Do Landlords Need to Know About the New ‘Register Your Rental Property’ Service?

    Lauren Fraser

    Insights

    min read
  • 10 ways the new APR/BPR rules affect estate administration

    Mary Perham

    Insights

    min read
  • Wait For It: Cohabitation Reform, Schedule 1 and the Unmarried Family

    Cara Fung

    Quick Reads

    min read
  • Gifts to Children: Balancing Protection, Incentive and Control

    Sally Ashford

    Insights

    min read
  • The Swiss Lump Sum Tax Series: Part 1 - The Swiss Lump Sum Tax Regime, Explained Differently

    Frédéric Ney

    Insights

    min read
  • Julia Cox, Mary Perham and Bronwen Bernstein write in Wealth Briefing about potential CGT changes in the UK Autumn Budget

    Julia Cox

    In the Press

    min read
  • Do I have to try mediation before making a family court application?

    Sarah Anticoni

    Insights

    min read
  • Unfair dismissal: What Private Client employers need to know before 1 January 2027

    Chiara Muston

    Insights

    min read
  • Giorgia Ligasacchi writes in WeWealth about the Chianti Sculpture Park and Italy's contemporary art landscape

    Giorgia Ligasacchi

    In the Press

    min read
  • Bloomberg quotes Dominic Lawrance on the wealth hubs available to globally mobile high-net-worth individuals

    Dominic Lawrance

    In the Press

    min read
Back to top