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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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Thinking about divorce

  • Liberty101
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31 Jul 12 #346416 by Liberty101
Topic started by Liberty101
Hello, I am interested to see if anyone is/was in a similar situation to me. Married two years, he came with nothing, contributed nothing, three months food shopping perhaps, I had my flat a couple of buy to lets and cash from inheritance. I phoned in today and was told he wouldn''t be entitled to anything as in a short marriage you get what you came in with, no kids. However I''m about to exchange on the flat and move into a new one. This obviously is a bad idea and I should stay put as the new place becomes a marital asset. This is dreadful of course to let down my buyer and the seller of the new place and my dreams of the new flat. Any thoughts?

  • LittleMrMike
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31 Jul 12 #346442 by LittleMrMike
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Liberty, unless I have missed some great truth - which I''m capable of at times - if you have a flat, that is a matrimonial asset, or at least potentially. If you have no children and he contributed nothing, and were married only a short time, he can''t expect to come away with very much, if anything.
If you sell your flat in an arms length transaction, then the Court can''t '' get at '' the old flat as the transaction would not have been designed to defeat any claim which he might make.
So aren''t you swapping one matrimonial asset for another, and if he is unlikely to be able to make a claim against the old flat, what makes you think he might do better with the new one ?
In this sort of situation we sometimes advise a '' consolation prize '' to enable the other spouse to pay a rental deposit and to buy a few items of essential furniture, but it''s for you do to decide whether the idea appeals or not.
LMM

  • Lori321
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31 Jul 12 #346460 by Lori321
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The flat you are in is a marital asset. I am in a very simular situation to you and have being told the same as short marriage. My hubby does have his own place though. Has your hubby any assets, does he work. Mine is self employed but has not worked for a while. I have being told he may get a small amount of maintenance. Hoping for a Clean Break order though. Good luck

  • Liberty101
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01 Aug 12 #346799 by Liberty101
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I don''t think I understood properly, it stood better that I already had the flat we live in way before I met him, was the advice, not that it wasn''t a marital asset. I was distressed and heard what I wanted to hear perhaps. I get what you''re saying now and will go ahead with the sale and the purchase of the new one if it means the same. He is not a UK national and his probationary visa runs out soon. I am unhappy and suspicious of him and think it may be best not to back his application for leave to remain. Anyone help with this? how easy is it to divorce if he''s in another country?

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01 Aug 12 #346800 by Liberty101
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He doesn''t have a bean, works, gambles it, pleases himself I''ve been more like a mum than his wife. Yes I let it happen, while I was waiting for him to step up of his own accord.

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