McCartney and Mills fail to work it out so divorce payout will be decided by judge

Published on Monday 18 February 2008 19:39

HEATHER MILLS' divorce battle over Sir Paul McCartney's reputed £825 million fortune will be decided by a High Court judge, after the warring couple failed to reach agreement.

It will be up to Mr Justice Bennett to divide the spoils of their marriage after more than a week in court behind closed doors.

Nicholas Mostyn QC, who has been representing the former Beatle, said as he left court the judge had reserved his ruling.

Judgments involving this level of wealth are usually given in public to provide guidance to divorce lawyers.

However, the hearings in the McCartney-Mills case, which began on 11 February, have taken place behind closed doors and it is not clear whether the judge's decision will be made public. Mills, 40, whose marriage to 65-year-old Sir Paul lasted less than four years, represented herself in the High Court.

Legal experts believe Mills wants 50 million, but Sir Paul is offering less than half that. The terms of a settlement will not become public unless it is challenged in the Court of Appeal, or either party reveals details.

If either side disputes the judge's decision, the case can go to the Court of Appeal and even the House of Lords, the highest court in the land. However, the hearings would then be in open court, stripping the participants of the privacy of the High Court, where windows were covered to ensure secrecy.