Will Wayne Roo his capers?

Dubai: If the news emanating from the closely guarded property of the Burj Al Arab is to be believed then Mr and Mrs Wayne Rooney are working hard to save what is left of their marriage — albeit without much success.

The Rooneys are currently the hotel's "A list" guests and in normal circumstances they would have been left alone for some much needed rest and recreation.

 

The conditions this time, however, are different. It all started with a heated argument between Rooney and his wife Coleen at the Seafire steakhouse, an outlet at the Burj Al Arab, a few days ago. The argument was apparently the result of bottled up frustration over alleged trysts with prostitutes.

In what appeared to be a case of the husband vociferously trying to justify his infidelities to his wife, a glass was broken and several guests paying top dirhams for a lavish culinary experience were forced to raise their eyebrows in between the courses of their meal.

So is it a case of having all the money in the world but lacking the will to be happy around each other? If Coleen had the predatory instincts of her husband in front of the goal then she could choose this moment to put the boot in and kick him when he's down.

Rooney has just signed a fresh five-year deal with Manchester United for a staggering £8 million annually. Divorce proceedings initiated at this moment by Coleen would not just be a case of good timing but also financially rewarding especially considering that the couple did not draft a pre-nuptial agreement before their marriage in 2008.

A shrewd divorce lawyer could argue it to be a carefully crafted professional foul.

Henry Brookman, Senior Partner, Brookman, specialist international family lawyers, in London who has also fought many successful divorce cases for clients in the UAE, agreed that Coleen could reap a financial windfall.

Speaking to Gulf News on the phone from his London office Brookman reasoned: "My guess is that the Rooneys have gone in for a pre-nuptial agreement. But in the absence of that, English law presumes that the starting point is equality. In a case like this a judge would have a discretion to adjust it back from equality if it came about that one partner had a particular talent. However, in this case what would matter is Wayne's ongoing earning capacity and his wife would have a maintenance claim.

"She can expect to be maintained at a level for what she needs in the future and this could be generously interpreted. This means one could look at half of whatever capital Wayne has plus a spouse, or maintenance, claim from earnings during his career. This would not be half his income but something generous."

Detailing the scenario further Brookman stated: "The overall approach an English judge would take is to look at what assets there are and unless there are reasons to depart from an equal sharing they will be divided equally. Then one looks at what a non-earning wife needs for her future and factor in the style of living."

Given that Coleen Rooney is a millionairess in her own right, thanks primarily to a successful TV show, it could moderate the maintenance amount that she needed. The split will factor in what capital she currently has but overwhelmingly the money may have come from Rooney's career and not hers.

"At the end of the day it's for the judge to make a decision so there is a range of discretion. It isn't as simple as applying a mathematical formula," Brookman stated.

Asserting the importance of a pre-nuptial agreement Brookman said: "The absence of one is significant. Only last week there was a decision that upheld prenuptials. If there was one then it is probable that the equal sharing of the capital would have been varied".

In reality, however, people divorce for emotional reasons according to Brookman. "I would find it unusual if the Rooneys delayed a divorce, should they ever opt for one, purely due to financial reasons," he said. "There is always a possibility that the wife could earn more if she waited but you also have to factor in things like loss of form, injury etcetera and Wayne's earnings could go down. Balancing it up, I don't see any reason for hurry, or delay."

Brookman then concluded with a very telling final assessment: "Money, however, can be a powerful motivator".