Frances Gibb, Legal Editor
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Heather Mills is expected to be awarded a lump sum of between £25 million and £30 million in her divorce proceedings with Sir Paul McCartney — the amount that he offered originally.
On top of the lump sum, which may be paid in instalments, there will be annual maintenance payments for the couple’s daughter, Beatrice, which could be as much as £100,000.
A sum of up to £30 million, which is in line with the predictions of most matrimonial lawyers, would mean that Ms Mills will not have received any more than the offer originally on the table when she had the opportunity to reach a settlement with Sir Paul in the autumn.
In that sense, Sir Paul’s legal team — Fiona Shackleton, his solicitor, and Nicholas Mostyn, QC, his barrister — will have secured a good deal, but at the extra cost of a five-day hearing in the High Court.
But such a deal may be worth it for Ms Mills if she has won her freedom not to be bound by the confidentiality clause that Sir Paul was keen to secure. Her refusal before Christmas to agree to such a confidentiality clause was the stumbling block to an agreed settlement and meant that the issue had to go before a judge for decision.
The draft judgment drawn up by Mr Justice Bennett is now with both sides and will be delivered formally on Monday. The judge will then hear argument as to whether some or all of his judgment should be made public.
But if both parties agree that they do not want any publicity, then the judgment will not be released. Ms Mills may well oppose publicity, other than the bare terms of the order, as she may hope to reveal details of the couple’s marriage in interviews, a book or film.
Any public version would almost certainly be heavily revised but would aim to end speculation on how much the former Beatle is paying the former model from his reputed £825 million fortune.
James Stewart, a matrimonial partner with Manches, the London law firm, said: “If the judge decides to make a version of the judgment public, then this would represent another movement towards a more open family justice system.”
There have been reports of demands from Miss Mills varying between £10 million and £80 million to end the four-year marriage. If either she or Sir Paul do not agree with the judge’s verdict, the case could go to the Court of Appeal, where High Court Family Division secrecy ends and the whole of the case will be in the public eye.
Julian Lipson, a matrimonial partner from Withers, in London, said: “If the figures for Sir Paul’s wealth are broadly as press reports have said, a judgment in the region of £25 million is within the ‘possible’ bracket. But the devil may prove to be in the detail and I don’t necessarily think we can rely on its being 100 per cent accurate as a standalone figure.”
He added: “For example, it might be £25 million plus transfer of her house on top, or £25 million plus extra money in trust for the couple’s daughter’s upkeep or for her school fees. Or a combination of the above.” Marilyn Stowe, a family lawyer with Grahame Stowe Bateson, of Harrogate, said that she had predicted an award of £20 million to £30 million. “Sir Paul’s famously frugal living standards will work in his favour.”
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