Divorce

[Bahco]

Quite a popular topic this one!

My friend who has been married for approx 18 months is now going through this process. They are at the declaration of assets stage where both parties have to declare all assets and savings that they are currently holding.

My friend has a property (currently being lived in by his mother) which was bought and paid for before the marriage as well as savings and endowment policys.

He is quite worried about any claim his wife can make on his assets and would appreciate some advice that anyone who has experienced this before, can offer.

I feel that the short term of the marriage will work in his favour but the benefit of your experiences would give us a good indication.

 

[Bosswhite]

Could turn nasty and complicated !

The length of the marriage is irrelevant.

" ALL my worldly goods I thee endow " !!

 

[festive]

This utterly sickens me, whilst i can't offer your friend any assistance (sorry), i just cannot fathom how anyone, wether it's legal or not would attempt the most dispicable parasitic low down act in the world and attempt to claim half of that asset as rightfully theirs. And hello no an affair doesn't justify this either...

One of my first changes to law (after death tax!!) would be to make a prenup mandatory for ALL marriages to ensure all assets are agreed and signed off before a marriage certificate can be issued.
Currently by default it's invariably in favour of the woman/mother no matter what.
Who wants to bring up a prenup when you're still in the honeymoon phase, make it law therefore taking the ownus away from both and the comments of being 'a tight git' or 'mistrusting of your partner' out of it.

Being a 'married white male' in this country is without question the worst place you can be.

I apologise slight hijack there, you can, apparently, if it's amicable sit down and ask her politely to be rational for a moment and sign this form to allow you both to get on with your lives:

https://www.gov.uk/money-property-when-relationship-ends/overview

Good luck.

 

[EddieM]

Could turn nasty and complicated !

The length of the marriage is irrelevant.

No it's not. Are there any children? Generally things bought before the marriage are considered to remain the property of the purchaser, but only generally, if there are childten involved things get very nasty for the man almost always.

Needless to say if an amicable compromise cannot be achieved (desirable in every way, but seldom happens) then legal advice will need to be sought. Worst case scenario it cant be agree, both parties have to go to court with barrister representations, end result both parties end up substantially worse off and the barristers rub their hands.

 

[Bahco]

Sorry I should have mentioned there are no children involved.

Obviously my friend does not wish to pay her anything as he has always paid his way and would like a clean break.

Is this a likely scenario and is he legally obliged to pay her anything.

His solicitor does seem a bit non commital.

 

[kbdiy]

From my daughter's recent experience of divorce I think your friend may be ok as the marriage was quite short and no children. The only thing (I think) the wife can claim for is spousal maintenance, but the short duration of the marriage will be taken into account and any claim is likely to be dismissed, so I think the property etc will be safe.

But here is no accounting for the way courts (and I mean individual judges) will view the circumstances so it is a complete minefield.

In my daughter's case, there were no previous assets but as she had custody of the child she tried to claim for spousal maintenance as she is limited work-wise (she is a nurse and therefore is required to work shifts) However the judge didn't see that as a limiting factor and reduced her claim significantly.

Makes no sense to me at all.

 

[cajar]

Unless his wife is out of work, and eligible for legal aid, then she rubs her hands with nothing to lose as well.
Meanwhile the man pays in full, twice, once to defend and then the inevitable judgement in her favour.

 

[regsmyth]

I would have thought that the reasons for the divorce and who actually filed for divorce would be pertinent.

 

[EddieM]

Unless his wife is out of work, and eligible for legal aid, then she rubs her hands with nothing to lose as well.
Meanwhile the man pays in full, twice, once to defend and then the inevitable judgement in her favour.

Legal aid for divorces ceased in April 2013. I would have thought his best bet would to be go for a clean break settlement i.e. no spousal support.

 

[pred]

Could they not sit down and discuss what each other wants? Save money on solicitors, maybe have some sort of guidance counselor in attendance to stop things getting heated?

 

[Bahco]

Could they not sit down and discuss what each other wants? Save money on solicitors, maybe have some sort of guidance counselor in attendance to stop things getting heated?

Not really an option as they are not really on speaking terms.

I am heartened that she has not instructed a solicitor at this stage which does imply that she is not going for the jugular.
However, my friend feels that she does want a large slice of cash from him and a clean break is not on her agenda.

It does seem like there is no clear rule when splitting assets and that the decision will ultimately lie with the judge if it gets that far.

 

[EddieM]

Could they not sit down and discuss what each other wants? Save money on solicitors, maybe have some sort of guidance counselor in attendance to stop things getting heated?

I am going to guess.... you've never been divorced.

 

[EddieM]

Not going for the jugular! You have to be kidding. A non clean break divorce is a life sentence of paying spousal maintenence!

If he is and is likely to be the main asset worthy / breadwinner he needs to get the hell out.

If on the other hand she is the main breadwinner, then he could go for spousal support for himself, though my feeling in this circumstance that's almost certainly likely to fail.

 

[pred]

Got married 73 and decree-nisi came through 76, had to wait 3 years back then..

 

[EddieM]

Got married 73 and decree-nisi came through 76, had to wait 3 years back then..

Weighted a lot differently back then... now you get absolutely screwed!