See the case VP v SP [2025] EWFC 447 (B) – Wife Receives 71% of the Proceeds of Sale of the Former Matrimonial Home
Deputy District Judge Cassidy Hope delivered this judgment during financial remedy proceedings, focusing on needs-based distribution where one party cares for a disabled adult child.
Background
VP (wife – to be referred to as W) (aged 57) and SP (husband to be referred to as H) (aged 58) began dating around 2006, married in 2007, and separated in 2019 — marking about 12 years of marriage.
The couple share a son, XP (18), who has significant disabilities and will likely always need support. W has been XP’s full-time carer since leaving the family home in 2019. H hasn’t had contact with XP for years.
W relies entirely on benefits such as carer’s allowance, universal credit, and child benefit. H, previously an HGV driver, recently earned about £29,000 net per year plus £15,000 yearly rental income from a son from a previous relationship who lives with him.
Both agreed the family home (valued at £525,000) should be sold.
DDJ Cassidy Hope reviewed relevant laws, including section 25 of the Matrimonial Causes Act 1973 and Peel J’s summary in WC v HC [2022] EWFC 22.
This case centered on needs. W’s requirements were found to be much greater due to her caregiving role, limited earning potential, and the necessity for suitable housing. SP maintained a better earning capacity.
Outcome
After considering section 25 MCA 1973, the judge determined that W’s needs justified a significant shift from a 50/50 split. The house would be sold and proceeds allocated as follows:
- Mortgage and secured charge settled;
- Sale costs covered;
- Remaining funds split: W receives 71%, H 29%
- When Dividing Finances During a Divorce, Having a Disabled Child Does Make a Difference—the Parent Who has Custody Typically Receives a Larger Portion.
