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History: Home UK Divorce Forum
Topic:
Financial proceedings - Short marriage with no children and no joint assets (9 Posts)
Started By:
Date:
06 January, 2017 06:11AM
Financial proceedings - Short marriage with no children and no joint assets
akshaygupta1975 - 06 January, 2017 06:11AM
I am separated from my wife from last 9 months. We were married just over a year before we were separated. So it is a short marriage.We both have filed for divorce and decree NiSi has not been pronounced yet. She has informed me that she is going to start the financial proceedings very soon.

We do not have any joint assets and no children. I am renting my house.

She has indicated that she wants to have a share from my savings and properties in both UK and abroad. I do not have any savings and properties abroad. Though, I do have savings and pension in UK.

I want to know if she is allowed to claim from my savings that I have earned before we were married? Or can she only claim from what I earned during the time we were married?

Is she allowed to have a share from my pension that I earned before marriage or only the share which I earned during marriage?


Please can you advise?

Thanks in advance.
Re: Financial proceedings - Short marriage with no children and no joint assets
Andyk - 06 January, 2017 08:00AM
You may have only been married for just over a year but did you co-habit beforehand?
Re: Financial proceedings - Short marriage with no children and no joint assets
akshaygupta1975 - 07 January, 2017 06:10AM
No, we did not. It was an arranged marriage. We did not know each other before we got married.
Re: Financial proceedings - Short marriage with no children and no joint assets
Andyk - 07 January, 2017 07:43AM
In that case it's unlikely that she will be entitled to any of your savings or pensions if these were accrued before you were marrried, however you might need to be prepared to pay her some money just to get her to go away, does she have anywhere to go?
Re: Financial proceedings - Short marriage with no children and no joint assets
akshaygupta1975 - 07 January, 2017 06:43PM
No, as far as i am aware she doesn't have any family in the UK.
Re: Financial proceedings - Short marriage with no children and no joint assets
Andyk - 07 January, 2017 08:06PM
If she is here on a spouses visa then you will need to make the immigration authorities aware that you are separated.
Re: Financial proceedings - Short marriage with no children and no joint assets
akshaygupta1975 - 08 January, 2017 08:05AM
She was on spouse visa. I have already informed the immigration authorities about the marriage breakdown. I don't know which visa she is currently on. May be she has sought some kind of visa until the divorce proceedings are in progress.

In this scenario, generally how much does the court ask a husband to pay his wife. Is there any rough figure i should keep in mind?
Re: Financial proceedings - Short marriage with no children and no joint assets
Andyk - 08 January, 2017 08:11AM
You need to be careful that she doesn't try to claim domestic violence against you as that usually appears to be the route for women here on a spouse visa.

How much depends on what you have. If you are a multi millionaire that is going to be different to if you have a few hundred. If it's loads then it might be worth her going to court to get some as it will cost her, but if not it wo t be worth it. Have you asked her how muchn she is looking for.? That's your starting point. It might be that you have an obligation to her if she has no one here, to pay her airfare back, or a deposit on somewhere to live. Either way you need to get whatever you can agree put into a consent order so everything is final.
Re: Financial proceedings - Short marriage with no children and no joint assets
Bubblegum - 08 January, 2017 01:56PM
What is the actual value of your assets?
You say you separated 9 months ago. Have you been housing and supporting her for the past 9 months or does she have any income assets of her own and was there any sort of dowry involved?
From what you have said so far it sounds like she has been financially dependant on you from the start.
Have you thought about how much you are prepared to pay? Has there been any type of mediation (in arranged marriages is it not normal for families to help mediate?)
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