At this stage of the proceedings it is very difficult to comment upon the arguments being put forth as Mr Justice Bennett, who is hearing the dispute, has warned of the consequences of contempt of court should any details of the legal hearings be leaked in this very public case.
The end result may well turn upon the amount needed to bring up and provide security for the couple's 4 year old daughter, Beatrice. It has been reported that the couple have already agreed that Beatrice will reside with Heather with Sir Paul having substantial contact rights.
It is likely that Heather will be looking for a lump sum clean break as well as child maintenance payments for Beatrice until she has finished education. As Sir Paul's income is likely to be slightly in excess of the CSA's top sum of £104,000 per year, child maintenance can be determined by the court, whereas for those non-resident parents who are not so wealthy the formula applied (broadly) would be 15% of net monthly income for one child (20% for two children and 25% for three or more).
In relation to Heather's lump sum payment there are 3 specific points on which Sir Paul may be inviting the court to concentrate: first, it was a relatively short marriage (the couple married in June 2002 and separated in 2006). Secondly, most of Sir Paul's estimated £825million fortune was accumulated before the marriage and could be categorised as "non-matrimonial property", meaning that it is less likely to be shared as long as Heather and Beatrice's needs can be met without doing so. Finally, Sir Paul is likely to present the argument that his extreme wealth is attributable to his special genius, meaning again that more of it could be protected from Heather's claims. However, it seems fairly clear that the court's assessment of Heather and Beatrice's needs, generously assessed, will be the determinative factor - this is the main task that presents itself to the judge.
It has been reported that the reason the case has gone to court rather than settling before (because most people do manage to sort things out between them) may be Sir Paul's desire for Heather to sign a confidentiality clause restricting her from revealling details of their marriage. Heather apparently does not wish to do so, citing her desire to maintain her right to defend herself against adverse publicity. If the matter does not settle - as it still might - it will be interesting to see how the court deals with this key issue, as it is clear that the welfare of Beatrice will be its first consideration.
Penny Middleditch