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Topic:
Division of assets (3 Posts)
Started By:
Date:
20 April, 2017 05:39AM
Division of assets
circut - 20 April, 2017 05:39AM
Hi I hope somebody can give me sound advice.
Me and my wife are in the process of getting divorced. When we got married we both owned our own homes. We have been married 7 years. 3 years ago we bought our present home, (the marital home). This house was bought using the equity from my house £82,500 my wife did not sell hers as she was renting it after moving into my house.
Within 3 months of moving into the marital home I was out of the marital bed. My wife has always earned more than me, and has an NHS pension. I have a frozen pension from a previous company.
My wife has offered me 50% of the equity from the family home and that is all. She believes I have no claim to her house, or pension.
We also have 2 children together 6 & 4. The older child is Autistic. She wants to relocate to a different city with all the upheaval this will cause to our children.
Any advice would be greatly appreciated.
Re: Division of assets
Sam_Toucan - 21 April, 2017 10:00PM
Your wife is wrong to assume that you have no claim to her house or pension. All assets from the both of you go into the pot and will be divided according to need. This includes your wife's house and her pension. Your relative incomes will also be considered, and who is looking after the children - is it primarily your wife, you or shared equally between you. Also to be considered are any benefits either of you are entitled to.

As for advice, there are many complicating factors and legal advice would be beneficial. For example do you wish to oppose your children moving away with your ex wife? If she wants to move away then perhaps you could move into the marital home with the children so that their lives are not disrupted by the move. The severity of your child's autism could be a factor - are they at a special or mainsteam school, how easily could they adapt; you can answer this question better than me. One of my children is disabled, my ex-wife is a nurse and an overriding opinion which am continually fighting against is that somehow this makes her a better carer for my disabled child - even though her nursing experience has nothing to do with either children or disabilities.
Re: Division of assets
circut - 25 April, 2017 05:32AM
Hi, Thank you for the reply.

My wife is a Psychologist but deals with adults so is not an expert with children.

The issue with I believe everyone on here will be in the same boat, is that it will cost a fortune to oppose her taking the children away or her being the primary carer, even though at times I believe I married a crazy woman literally.

You have given me some sound advice about buying her out of the marital home, I believe this is a route I will go. My Son is currently in mainstream school. My wife is putting pressure on the school to move him to specialist provision. It is an ongoing nightmare.

I truly hope that the courts see through your wife,
and see that Fathers are as good if not better than women in looking after children.
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