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What are we each entitled to in our divorce settlement?

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Property

  • videoman
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26 Feb 08 #15119 by videoman
Topic started by videoman
Hi
Could someone give me any advice, My wife of 42yrs, has applied to a solicitor for s divorce, although she doesn't have grounds what I am be aware of, (she wants money for my daughter)
My questions are
1)Can she get a divorce without grounds, (we still live together,)
2)Can she force me to sell our house,car motorhome etc
3)How long could it take, if I contest:I'm due t retire in 2yrs

There are no children involved, no mortgage,or depts.

  • mike62
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26 Feb 08 #15129 by mike62
Reply from mike62
Videoman,
Welcome to Wikivorce. Sorry to hear of your situation.

To answer your questions:

1)Can she get a divorce without grounds, (we still live together,)

Divorce can be on several grounds. Adultery or Unreasonable behaviour with no period of separation. After 2 years separation, by mutual consent. After 5 years separation, without the consent of the other party.

However, although you are at liberty to 'defend' an allegation of Unreasonable Behaviour (Or Adultery), it will cost an arm and a leg financially and she will probably get her divorce anyway. For a divorce on the grounds of Unreasonable Behaviour, she must convince a judge that the marriage has broken down irretrievably. If she is determined, you will have a hell of a job proving otherwise. A marriage is a partnership of two people. If one wants out of the partnership, it isn't a partnership anymore.

2)Can she force me to sell our house,car motorhome etc

With such a long marriage, the starting point for the division of assets would be 50:50. Depending on your income, her income, your individual and joint assets, liabilities, pensions, items worth over £500, debt etc It may be that if she has a significantly lower income than you that the court would order a split of assets in her favour. Perhaps 60:40 or 70:30. The best way of dealing with this is through mediation, rather than letting it go to court. Solicitors will cost you a lot of money, and if you have agreed matters between yourselves, there is a much better chance that people stick to their agreements. Whatever split of assets are, the Former matrimonial home will probably be the biggest asset. It may have to be sold if neither party can afford to buy the other out, or offset with other assets sharing. Given your respective ages and depending on her income and yours, you may have to pay her Spousal Maintenance. This is a regular or lump sum payment to give her an income to cover her living costs.

3)How long could it take, if I contest:I'm due t retire in 2yrs

How long is a piece of string? A clean divorce, quiet local court and co-operation can be done in 3-6 months. A contested divorce can get to 2 years. It is the cost that need to be bourne in mind. There are horror stories here of people spending £20K plus on solicitors and barristers fees. Don't forget, if you lose, you might get her costs awarded against you. Think of yours and double them.

Go look at the Wikivorce step by step guide - Top of page 'Resources Menu'

Also try running the WIkivorce calculator to get an idea of a realistic settlement figure - click on link below:

www.wikivorce.com/divorce/Divorce-Calculator-Start.html

Sorry to be the bearer of bad tidings. Best of luck.

Mike

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