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What are we each entitled to in our divorce settlement?

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What are my chances!

  • jaberwocky
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17 Sep 12 #356328 by jaberwocky
Topic started by jaberwocky
After a long marriage my wife has decided she wants us to separate. Nothing happened for over a year and now, at my urging and following her dismissal(after legal advise) of my proposals she has made her proposals which to me are unacceptable.

We have been married for 30+ years, I am 59, she is 54 Three children together youngest is in second year of university. I have pension income of circa £2k per year and am not working. She is a partner in a law firm with current income of £78500 pa. We have minimal savings and at most £10k equity in matrimonial home.
In 2005 she inherited a 20% share in parents home but could not realise that share as one of her siblings was entitled to live there as long as they wanted. Sibling has moved out. House has now been rented out since December 2010, not sure if wife derives any income. Meanwhile we used the fact of the inheritance to support our application for a mortgage in 2006. It clearly states in our mortgage application that inheritance will be used to pay off the mortgage. We have one car which is in her name.
Her offer to me is she keeps the house, the car, her pensions (small amounts one of which is NHS from 20 years ago), the small amount of savings (10K?). In return I move out she pays me £5k plus £800 a month for two years.
I provided all of the child care when the children were young so she could train and qualify as a solicitor giving up my career in the process. It was a struggle financially for both of us but believed it would be of benefit to the family in the long run. Now it has and I feel, rightfully or not, angry and used at her actions.
I can’t afford a solicitor. She is being advised by a family law partner in her own firm, her sister who is a QC in family law with a top London Chambers and a good friend of the family who is also a family law barrister. Hence the title ‘What chance do I have’

Any thoughts much appreciated

  • maisymoos
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17 Sep 12 #356346 by maisymoos
Reply from maisymoos
Hi Jaberwocky,

Welcome to wiki, but sorry that you find yourself here.

This is a long marriage where you gave up a career to help raise the children. Her offer to me seems more than poor. Housing needs are going to be a priorty. How would you house yourself? There is a huge differential in income and her pension earning capacity stands well over yours.

Have you voluntarily disclosed financial positions?

  • dukey
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17 Sep 12 #356347 by dukey
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Is there any reason you can`t work?.

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17 Sep 12 #356356 by jaberwocky
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No physical reason why I can''t work. Was made redundant from my unskilled job just over two years ago. Have applied for jobs but no joy as jobs in short supply in my area. Even responses to applications are hard to come by but a lot of us can relate to that situation. For past year and a bit have been doing welfare rights volunteer work with a national charity to improve my prospects. Also helps that I really enjoy it and would like to work in the carity sector

I have disclosed my finances to wife, not been informed of hers as yet

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17 Sep 12 #356358 by dukey
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What stands out clearly here is this is a long marriage with a huge disparity in income and future potential.

Assets are almost none existent, but be thinking of a joint lives order for maintenance, two years is way too short.

And don`t think i`m screwed she is a lawyer knows a QC, cases stand and fall on merits not who handles it, yes ok in highish value cases a lawyer is a must, yours seems quite straight forward.

Oh and by the way a QC is used to argue points of law, no use here, and any friend or relative who is a lawyer and acts to help is a fool, never work with family.

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