The impending divorce between Bill and Melinda Gates is one of the most high-profile breakups ever, but it’s a sad fact that divorce is a fact of life in the modern age, with nearly half of Britons having to go through one at some point. The Gates’s divorce is taking place in King County, Washington, under US law, but what would the situation be if the couple were getting divorced in England and Wales?
Grounds for divorce
Court papers filed by Melinda indicate that she has stated that her marriage to Bill is “irretrievably broken”. This is the only legal grounds for divorce in Washington. The state operates a “no-fault” system, whereby either party will be granted a divorce as long as they comply with the proper formalities. No-fault divorce was historically not available in England, however, in 2020, the Divorce, Dissolution and Separation Act 2020 introduced the possibility, with implementation expected later this year.
Prior to this, if you are considering a divorce, you will have to prove one of the following things: (a) adultery; (b) unreasonable behaviour; (c) desertion by one partner for two years; (d) separation, along with an agreement to divorce, where the couple have lived apart for two years; or (e) separation, notwithstanding the divorce being contested, where the couple have lived apart for five years.
Finances and property
The financial aspect of divorce is almost always one of the most contested. Though confidential, Melinda’s divorce petition will likely outline a proposed division of property and various other financial questions. As the Gates’s children are grown, child support is unlikely to form a major part of her claim, but there will be innumerable other questions. News reports suggest that Bill has engaged top solicitors to defend him, which means that there is likely to be a protracted legal battle, starting with mediation but potentially escalating to a full-on trial.
A similar system operates in England. Once a divorce petition has been filed, there is a range of property orders which either party can apply for. Whilst these are at the discretion of the judge, family law courts are experienced at handling these situations and will usually come to a fair distribution.
What to do
If you’re based in or around Cornwall, consider contacting Nalders. We have a dedicated team of family law specialists who can advise you on how to manage your divorce. Contact Manda Toms, Jane Blanks or Lindsey Jackson from our Family Law Team to find out how they can advise you on your divorce, either by filling in our Contact Form or by calling 01872 241414 to be directed to your closest office.