Karen Wilsher and Claire Devine review a divorce case which highlights the sensitivities and the special considerations when one party has significant health needs.
In the case of ND v GD [2021] EWFC 53, Peel J had to consider and carefully balance sensitive and conflicting factors – namely, the wife’s special health needs and the parties’ long marriage against the husband’s significant non-matrimonial assets – and how these should be dealt with to achieve a fair outcome.
The parties were married for 23 years and have two adult children, both studying at university. The wife was diagnosed with Young Onset Alzheimer’s (YOA) shortly after the parties’ separation in 2018. Her condition made her a vulnerable party and she was represented by her litigation friend. YOA meant that the wife had specific health needs and various experts gave evidenc...
“Though this was not a ‘sharing case,’ the wife’s health needs ‘comfortably exceeds her sharing claim’ and thus the non-matrimonial assets were applied to meet those needs.”
