Q&As

Where a redundancy payment is received by a party during the course of the marriage, will it be treated as part of the marital acquest?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 13/10/2016

The following Family Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where a redundancy payment is received by a party during the course of the marriage, will it be treated as part of the marital acquest?

Within the context of financial provision proceedings, a redundancy payment is a resource to be utilised in lieu of the salary. Just as a salary would be used to maintain the family, so too it may be argued would a redundancy payment. A needs argument would also require recourse to be had to the redundancy payment.

In the case of Miller v Miller, Lord Nicholls of Birkenhead at [22] explained the differences between matrimonial and non-matrimonial property and stated that:

'One of the circumstances is that there is a real difference, a difference of source, between (1) property acquired during the marriage otherwise than by inheritance or gift, sometimes called the marital acquest but more usually the matrimonial property, and (2) other property. The former is the financial product of the parties' common endeavour,

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