Should all partnerships have a pre nup

Manto Founder’s Ex-Partner Set for Bigger Divorce Settlement

The ex-partner of late property developer, Carol Ainscow has won a landmark ruling at the Court of Appeal.

Helen Roocroft, who was in an 18 year relationship with the property tycoon, launched the appeal after discovering that Ms Ainscow may have had hidden assets worth millions, despite claiming she had lost a fortune during the property crash.  

In 2009, Ms Roocroft accepted a six figure settlement after the dissolution of their civil partnership, however, following Ms Ainscow’s death in 2013, it became apparent that she may have mislead the courts as to the true value of her wealth. As a consequence of the new ruling Ms Roocroft’s legal team is now able to set aside the original “unfair” settlement and negotiate a new agreement.

A pioneer of Manchester’s gay night life scene, Carol Ainscow was the driving force behind legendary bar, Manto and iconic nightclub, Paradise Factory. Always having one eye on the future, she spotted the opportunity in property regeneration and established Artisan. From its base in Manchester, the company went on to develop regeneration projects in Liverpool, Sheffield and London.

After an unsuccessful attempt to settle via Alternative Dispute Resolution, the case went to the lower family courts and the High Court before being heard at the Court of Appeal in July. All three judges agreed Ms Roocroft’s right to argue for her settlement to be set aside, stating that Ms Roocroft had submitted evidence suggesting that “the deceased’s income at the time of the consent order was three times that which she had stated in her Statement of Information”.

Family law specialist, Rebecca Muirhead of Russell and Russell Solicitors, said: “This is an interesting case because the law governing the dissolution of a marriage between same sex couples is relatively new and cases like this help to shape our understanding of how the courts will deal with particular issues. In this instance the ruling makes clear that everyone is entitled to honesty and fairness, irrespective of gender or sexual orientation.

“The courts take a dim view of anyone undervaluing their wealth in an attempt to reduce a settlement. Anything less than a full disclosure of assets is dealt with strongly and this can amount to a finding of misconduct, the implications of which can lead to financial penalties or an adjustment in the settlement. In this case, it’s the right decision because there can’t be any circumstances where dishonesty is allowed to go unchallenged or the court’s ability to make appropriate decisions be hampered.

“In situations where one or both parties have significant personal wealth, we would always recommend a pre nup. While it’s not very romantic, and no one gets married with a view to getting divorced, with so many marriages breaking down, it’s always advisable to protect yourself from the outset.”

Soon to join us at #Canalst Russell and Russell will be blogging for us all in order to keep us updated about the various complexities and changes in the law covering several key areas that affect the LGBT community.

Russell and Russell Solicitors was established in 1887 by William Russell who was joined by his brother, Walter in 1898. The firm has operated from its office in Wood Street, Bolton ever since. 

A public spirited individual, William Russell was an active contributor to local affairs which led to his election as MP of Bolton in 1922. He was also a great supporter of charities, a commitment the firm is still very passionate about.

In addition to its head office at Wood Street, the practice also operates from offices in Newport Street and Mawdsley Street, Bolton as well as Atherton, Bury, Chester, Farnworth, Horwich and Middleton. Areas of legal services include conveyancing, Family law, wills and probate, personal injury, criminal defence and commercial property.

Published: 20-Oct-2016: (3942)