15th February 2011

Television soap opera fans are being treated to a lesson in the importance of seeking legal advice on divorce after characters in Coronation Street are bringing the tricky question of how a lump-sum windfall can affect a divorce financial settlement into the prime time spotlight.

In the ITV show, longstanding street resident Sally Webster is on the brink of filing for divorce from husband Kevin when she hears he has won a substantial sum of money on a lottery scratch card.

Kevin had hoped his increased wealth might tempt his estranged spouse back to the marital home, but when he realises that reconciliation is unlikely, he decides to withhold information about the lottery win until after the divorce financial settlement has been agreed.

On hearing that her unfaithful husband has received the cash boost to his finances, Mrs Webster instructs her divorce lawyer to prepare new ancillary relief documents so that she may seek half of the proceeds of the lottery win.

If this scenario were a real case, it is almost certain that, unless the couple had entered into a marital property agreement, prior to or within the life of the marriage, stating that proceeds of gambling would be the sole possession of the spouse who had provided the stake money; i.e the person who bought the scratch card, then the wife would be entitled to a share of the total amount of winnings.

Even though the couple were separated and reconciliation had been ruled out, until the terms of any financial settlement are agreed by a court, each spouse has the right to make a further claim in the event of a sudden change in financial circumstances.

This storyline will hopefully highlight not only the importance of seeking expert legal advice on divorce but also the necessity for full and frank disclosure of finances, as a family law court may take a dim view of a spouse who attempts to conceal wealth for his or her own gain and to deprive any dependants of financial security.