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History: Home UK Divorce Forum
Topic:
Short term marriage - financial settlement (4 Posts)
Started By:
Date:
02 April, 2017 02:26AM
Short term marriage - financial settlement
londoner12 - 02 April, 2017 02:26AM
Please can someone advise me. I find conflicting messages when looking at Dr Google. I have been married for 20 months. Husband now gone. it was my first marriage. I was his third. When he moved in with me a year before we married I owned the house outright i.e. no mortgage. He didn't pay rent and obviously no mortgage but 'paid his way' concerning the utility bills and council tax food etc. I also have £100.000 in savings, all accrued before I met the man.

Before drawing up a financial settlement/consent order I would like to be clear on what is a martial asset. Is it the 'pot' as it stands now regardless of who bought what into the marriage or will there be provision to show what assets I brought to the marriage and hopefully get it ring fenced.

Some UK sourced websites suggest in the case of a short term marriage the courts seek to restore both parties to the financial position there were in prior to marriage. Other sources say the yardstick of equality is 50/50 and then other factors are considered to negotiate this percentage up or down. I know the settlement has to be fair and reasonable but what about fairness to me who has worked and saved hard all of her life.

I have spent the last 3 weeks in abstract turmoil as my husband has left with half baked reasons...like its not you its me...reason for leaving I don't know but he does know is he wants a divorce. I have the most horrid suspicion I have fallen prey to a gold digger and I am worried sick about potentially loosing my life's work and hard savings to a man who has no fiscal assets except an ISA with £1.00 in it!! Please help....note the time...cant sleep. Thank you
Re: Short term marriage - financial settlement
HatMan - 02 April, 2017 06:08AM
My Ex Wife was in a similar position - I got involved as her new beau was attempting to make a play for the house which she had bought outright following our divorce - I didn't want our children's inheritance being purloined by an opportunistic chancer....anyway suffice to say that after a fairly short exchange of solicitors letters he ended up with a very tiny settlement which was deemed fair and didn't affect the major finances.

The punchline was that he then set up home with another man....
Re: Short term marriage - financial settlement
Monty - 02 April, 2017 10:54AM
I think you can be fairly confident that in a marriage of this length, who bought what in at the beginning would be a factor which would be central in either reaching an agreement, or in the court taking a view.
Re: Short term marriage - financial settlement
Bubblegum - 02 April, 2017 11:39AM
Hmmm.... Google! Well I'm not surprised that you are confused. You can't rely on Google to give you answers to your specific circumstances. The information you have found isn't necessarily conflicting but more a case of that it's taken out of context or incorrectly applied - which is easily done by us lay people.
Sounds like there is quite a lot at stake for you. I think it would be worth speaking to a solicitor. Take a look at the MCA 1973 s25 for some guidance on what would be taken into consideration. Like others have said the fact that it is a short marriage and he hasn't contributed will certainly work in your favour.



Edited 1 time(s). Last edit at 03/04/2017 08:07AM by Bubblegum.
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