i have been separated for approx 18 months after a rather messy end to a long marriage. Prior to the separation i was in receipt of a substantial redundancy package. As i had one child at uni and another pending, i spent a good proportion of my redundancy paying off my mortgage. As it stands my wife still wants half of the house. As you can imagine i feel aggrieved by this. Could i offset some of the cost against what she would be entitled to. At present i maintain the house and live there with shared responsibilities for the children still at home. i wholly pay for my sons accommodation at uni also I am happy to have a reasonable amicable settlement, with no claims against her either for her pension or other assets.
I think the first point you need to bear in mind, as I''ve said already this morning, is that the fact that you are not making a claim against your wife''s assets does not alter the fact that they are still assets ; she can''t keep all her assets and claim 50% on yours on top of that. That''s a broad generalisation of course but you see my meaning.
The Court''s main priority is to make sure that both of you have a roof over your head and this basic consideration will in practice tend to over-ride considerations like who paid for what. Yes, contributions are one of the statutory considerations a Court must consider. But in most cases it''s not one of the more important ones.
You say you''re separated, so that means she must be living somewhere. May I ask where ? Does she have a new partner ? The whole point is that all her assets come into the pot. With a long marriage the starting point is 50/50, but it''s half of the whole pot, not 50% of yours and I keep 100% of mine.