Depends on many factors, biggest one though is how long have you been married.
If its mega short then less inpact on whatever you took into marriage, long marriage then anything you started with get "lost" in marital assets over time.
You really need to post more information for more in depth advice.
I'm in the same position (9yrs married), having brought money into the marriage and my self-centred & greedy wife (should I now start calling her x2b to dehumanize the process?) bringing as much debt as money.
Reading up told me that if the money was put into a house (FMH) then it was an input into the marriage but other money was at the judge's discretion if you couldn't agree.
Not surprisingly, lawyers know who employs them and say to me that my non-FMH money is mine and to her that non-FMH money is joint (and hence hers under her proposals ).
So the answer is probably that if you put it into the FMH, tough, and for anything else put the boxing gloves on and start writing cheques to lawyers (so that the money then becomes theirs...).
Hope that helps.
The funniest thing I ever heard where assets and debts were concerned were my husbands ex wifes "Schedule of Assets her solicitors prepared for court!!!!!
Theirs read something along the line of.........
Joint matrimonal assets between husband and wife......
(Forget they have been divorced 5 years!!!!!)I AM THE SODDING WIFE, SHE'S THE GREEDY EX!!!!!!!!!!!!!!!!
Wifes car Vauxhall Astra £5000.... loan for car £5000
So therefore nil equity for wife. (forget they sent us a letter from the loan company saying it had now been paid off!!! And a letter from them stating her partner paid her debts off??????
Husbands cars!!!! Nissan Tino £10,500
And Vauxhall Meriva £ 9000
Therefore husbands realisable assets £19,500..... ROFL!!!!!!!!!!!!!
FORGET we sent them documents to show that we have loans on these cars of £19, 500!!!!!!!! But we have paid around £4000 off them , but forget that cars depreciate in value!!
So how come they (her solicitors) Can say my husbands cars are part and parcel of his and her assets, when ONE OF THE RUDDY CARS BELONGS TO ME!!!!!!!!!!!! (who they ignore at every availiable opportunity!!! unless they want to include my assets in their clients dreams!!!!!!!!!!!!!!!!!
And the biggest,..... how come if ours are worth the amount they were when we bought them, but they refuse to take the loans off, and the depreciating value (according to glasses guide our cars are now worth 7k and 5k!!! how come the starting point for her car is not the same??? I.E. How come her car isnt worth the 11k she originally took the loan out for (with her slimy partner! who they have denied live together for 3 years until 2 weeks before the FH?????????)
These solicitors play with figures in the hope they will get over looked at court by a busy Judge or barrister and invariably they do, unless you point them out to the Judge! If they do then their client wins, if they dont their client loses out, Do they really care????????????? of COURSE NOT BECAUSE THEY WIN ALL ROUND!!!
Whether they get found out or not they still get paid!
Do Solicitors ever look that in depth at the figures though? Do they look at it as finely as you would do?
Nope cause they have too many to deal with. We had a solicitor once, his attitude was awww forget it we are not talking hundreds of thousands here??????? NO!!!!!! WE ARE JUST TALKING ABOUT ALL THE SODDING MONEY WE HAVE! IT may not be much to them but its all we have!
I CANT STAND ALL THE LIES THAT GET TOLD, NO ONE SEEMS TO BE HELD ACCOUNTABLE!! ITS LIKE ITS ALL A GAME!
THIS DIVORCE LAW IS A GAME FOR ALL THESE LAWYERS, BARRISTERS AND JUDGES.
GOD ONLY KNOWS HOW HALF OF THEM SLEEP AT NIGHT.
Sorry BWR, we appear to be hijacking your post a bit.
In summary of the words below: there is more to think of, so beware!
There is the aligned issue of what happens to money between separation/petition and divorce.
My investigatins show that the answer is.........it's all part of the marriage. For example, you can return from work to find she's cashed in the shares you transferred to her name to reduce tax and that she's taken the kids off on a 2-week holiday to Mexico in the Jag she's bought that day, all newly-bought Amani clothes in her new Gucci luggage, and that it will all be taken as a joint expense and she'll keep the clothes in the divorce. The kids come back thinking Mum's great and she's right, they are better off staying with her than mean nasty Dad.
Fair? No, but that's the system.
So, watch out.
I can't give you advice on how to protect yourself from exploitation, I'm stuck myself.
In my case, my wife's view is that what's mine is ours (so I have to pay my salary into the joint account) and what's hers is hers (so she has 3 bank accounts & 6 credit cards and lies about what she earns (self-employed, lots of jobs "lost")). Each time I ask her to cut back on spending, she goes out to spend money (today, £120 on 2 fish anyone:ohmy: ?) just to prove she answers to no-one.
I've petitioned, she's stringing out the divorce as she knows she's onto a good thing, she acts 'lovely wife' to others and 'Mrs Hyde' as soon as the front door closes, she intends to ask the court to order psychiatric and CAFCASS assessments of me as I'm not suitable to have the boys (just had them for 2 weeks while she gallivants though) and there is little I seem to be able to do about it.
I've convinced myself if she wasn't abusing me she'd be abusing my kids, so it's worth me staying here, but I'm close to breakdown:woohoo: .
If anyone is in the same position, let me know, perhaps we can help each other.
The self-employed earnings thing is a real problem.
There's a good book about this if anyone's interested: 'Self-employed parents and child maintenance' by Rebecca
Boden and Anne Corden. It's a bit out of date (deals with the old CSA rules) but it does tell you all the scams self-employed people use to get out of paying their share, and they don't date at all, of course.