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just checking!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  • mandyo
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14 Jan 08 #10676 by mandyo
Topic started by mandyo
my neighbour bought a house with proceeds from prev divorce before he married his current wife...she moved in and they married..mortgage and household bills come out of account that only he has ever paid his wage into...she worked for 6 weeks and had wage paid into her own account...after 18 month she has left and rented her own flat,,,although she is still using money from bank account that husband wage goes into and her own... no children involved in this marriage although he has children who visit weekends frm first marriage...wot is the soon to be ex entitled to??? she has since started a new job after she has left but keeps her money in a seperate account...

  • attilladahun
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14 Jan 08 #10678 by attilladahun
Reply from attilladahun
This is a short childless marriage

s25 MCA 1973 factors will apply:

25 (1) It shall be the duty of the court in deciding whether to exercise its powers .... to have regard to all the circumstances of the case including the following matters, that is to say -

the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;

(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c) the standard of living enjoyed by the family before the breakdown of the marriage;

(d) the age of each party to the marriage and the duration of the marriage;

(e) any physical or mental disability of either of the parties to the marriage;

(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring;..."

You give no real details to base an opinion ie ages, health, wages (net) of H & W

In Foster v Foster in a short childless marriage
Parties got their capital back and even though the FMH was in H's name they shared ti increase in equity equally.

Then presumably used to fund a deposit for W to get her own home with a mortgage.

Likely scenario here if her income is reasonable and if this is not a SM case.
Court will approve Clean Break if W can adjust without undue hardship.

He is at present in essence giving her SM by letting her draw from the joint bank account.

If FMH has increased in value the quicker he sorts the finances the better by getting a final order. 1st port of call - mediation to try and sort out then valuation of FMH so H can make offer

  • mandyo
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15 Jan 08 #10753 by mandyo
Reply from mandyo
she is 33 years and he is 45 years,,,,,she did not own any property before her marriage as she lived with her parents and could always return there...he does earn more than her but not vastly...the marriage only lasted 18 months before she walked out.....

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