Told I will get nothing...

Your respective ages;
I am Male and 39
My Wife is 49


The number of children you have and their ages;

We have one dependant child together who is 12
I also have a stepdaughter from her previous marriage who is 22

How many nights the children spend with each parent;

We currently have a 50/50 agreement over a 2 week time frame.

The length of your marriage and any period of pre marriage cohabitation;

We have been married for 13 years and prior to that cohabited for approximately 5 years

Your respective incomes;

I gross about 2000 a month though this is a job I only started 2 months ago. Prior to that I had been the primary carer for about 2 years following the collapse of my business.

She brings home approximately 1500 per month.


Your respective outgoings;

My bills are currently about 1,400 as I have rented a property near my wife so we can share care.
I also pay 220 towards the mortgage

She pays the same amount towards the mortgage and the bills for the house but I am unsure what they currently are. I believe there is debt against them. She also has to pay towards credit card debts. I don't have full details here.

Your assets - both soley held and joint;

We own a house together that is worth approx 530k
I believe she still owns a house in Greece though it may now be in her brothers name.
She has a pension though I do not.
Till such point we separated she also got dividends from a family business. Now she has been taken off anything to do with the business but her brother still gives her 'loans'


Your liabilities.
220k mortgage



My wife's Brother has advised me not to bother as I will walk away with nothing.

Thing is I am not interested in the family business, her pension or the property abroad. I don't even want 50% of the equity in the house. I really wanted about 25% so that I can create a proper home for my son when he is with me.

I don't think that either of us can actually maintain the home on our own and don't want it nor do I want to make my wife homeless.

Am I really likely to walk away with nothing?

(sorry if I haven't done this correctly)

Based on the details no mate, you'll get something if it goes to court. What that is though is anyone's guess.

The wife's brother is probably not the best person to advise you on what you should get. I don't see why it would be nothing - but how much, I couldn't say. Maybe one of the experts will come along and do a better job of evaluating your position than your brother-in-law did.

If cohabitation went seamlessly into marriage, all 18 years are counted. This makes it a long marriage.

The start point for division of assets after a long marriage is 50:50 regardless of financial contribution.
It is rarely the end point. Adjustments will be made based on ages, incomes and childcare responsibilities. If there is more than enough to meet your respective needs for housing and income, contributions may be taken into account when any surplus is divided. Joint debts will ideally be paid from the cash assets,but if that is not possible, they will be apportioned just like assets.

If you are sharing childcare, your need is a two bed property within reach of her school. How much would that cost to buy?

Hadenoughnow

Ok, I did wonder why the 5 years prior to marriage was not mentioned.

My wife currently still lives in the matrimonial home which is a 3 bedroom house.
I currently live in a 1 bed flat (which I rent) as it is what I can afford in the local area. It is not ideal but the bedroom is my sons and I have a sofa bed which I make up as needed.

A 2 bed flat in the area of my son's school would be in the region of 220k to 250k

Thank you so much for your help and please let me know if I haven't given you enough information.

(Ps. I didn't ask for my brother in law's input he approached me and offered me 10k to walk away as I will get nothing if it goes to court... his words)

You will need to see what kind of mortgage you will be able to get. This will help determine how much cash you need from the settlement. She will need to do the same.

I think your next step should be voluntary disclosure of assets and mediation with a view to agreeing a settlement. If you can agree, you can apply for a Consent Order. If you cannot, you will need to apply to the courts.


Hadenoughnow

As she doesn't wish to leave the house There is no money to help me resettle. The only way we can both do that is if we sell up and both find somewhere new.

Thank you again.