LexisNexis Comment on Guy Ritchie and Madonna Settlement

Guy Ritchie, Madonna and their respective lawyers are to be congratulated on reportedly reaching an early settlement regarding both finances and the arrangements for their children. The vast majority of family cases settle out of court, and both parties in this case were represented by skilled and experienced family lawyers who will have worked hard to help them reach a settlement.
 
It has been widely reported that Guy Ritchie could have claimed half of Madonna's financial assets, which in circumstances where he reportedly has £30 million of his own assets, is very unlikely. Where a marriage has been very lengthy, there are children and one spouse may have made sacrifices in relation to their own career to be a home maker, a 50/50 split of matrimonial assets is common. However that split will not come only from the assets of the financially stronger party, but from all of the assets of the parties pooled together. Under the guidelines of the Matrimonial Causes Act 1973, the primary legislation considered by the court, one of the factors the court will consider is the needs and resources of both parties. The court will also consider the length of the marriage, and an eight year marriage as in the Madonna/Ritchie case is on the cusp of a short marriage and as such a 50/50 split of assets, even if Guy Ritchie did not have his own resources, was unlikely. The welfare of the children of the family is also a paramount consideration.  
 
In addition, had there been a dispute between them, it also would have been possible for Madonna to argue that she was a "stellar performer" in the legal sense, rather than the musical sense; a concept which has developed through case law and applies in exceptional circumstances where the financial contribution of one party has made an outstanding financial contribution to the matrimonial assets. The concept very rarely applies, but it would not be hard to imagine that it would have applied in the case of Madonna's financial contribution. 
 
The courts will also consider "marital acquest" ie the assets built up during the marriage, and again it may well be that Madonna could have argued that the majority of her financial assets were accumulated prior to rather than during the marriage. This was a significant factor in the Paul McCartney and Heather Mills case. 
 
In relation to the divorce proceedings, the decree nisi is to be pronounced today. This is the provisional decree of divorce. The parties will not be actually divorced until pronouncement of the decree absolute. Reports that Madonna and Guy Ritchie will be divorced by Christmas are unlikely to be correct. Divorce procedure dictates that the decree absolute can only be applied for once six weeks and one day have expired following pronouncement of the decree nisi except in extremely exceptional circumstances; a New Year divorce therefore seems more likely.

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Notes to editor:

Geraldine Morris is a family law expert at LexisNexis. She is a solicitor, trained mediator and a Resolution accredited specialist with specific reference to big money cases and pensions.
 
She is currently technical editor of Butterworths Family Law Service and is also editor of Butterworths Family and Child Law Bulletin and Head of Family Law Business Development at LexisNexis Butterworths.
 
In addition, Geraldine is the editor of Family Law Journal (Legalease) and the editor of The Review, the journal of the largest family lawyer organisation, Resolution (formerly the Solicitors Family Law Association).
 
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