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Topic:
7 months and its over - your advice for settlement (2 Posts)
Started By:
Date:
02 May, 2017 06:48PM
7 months and its over - your advice for settlement
single_and_happy - 02 May, 2017 06:48PM
I would like some advice on a fair financial settlement and how much I should claim from STBX, please see details below.
I had an arranged marriage and it turned out the family concealed my STBX’s mental health condition and lied about the prospect of moving to London despite agreeing to it before marriage. I helped purchase a house close to wife’s parents house as she said her current contract limited her from moving to London immediately (at the time she said 1 year and 6 months contract). After the marriage, the full extent of her mental health came to light and she had no intention of moving away from her family due to this reason.
Married for 7 months:
Marriage: Jun 2016
Separated: Feb 2017
After 18 days of separation she created a false statement to seek occupation and molestation orders for the matrimonial home (it was empty), both of which I challenged on hearing and they were dropped after we mutually agreed to a cross undertaking not to communicate, I have no desire to see her or her family’s lying face ever in this lifetime or the next.
Our financial positions
Husband:
- Pre-martial house in London worth £700K with £250K mortgage
- Income: £77k yearly
- £90K pre-martial saving
- £10K post-separation saving (total now stands at £100K)
- Martial home purchased initially with 50/50 deposit but my deposit and renovation costs returned after a dispute from wife and her family after 3 months. The house was a temporary purchase with a consent to let on my London property because she lacked income to be able to purchase a home.

STBX:
- Martial home: Purchased with her deposit (£100K). Worth £405K (valued in Oct 2016) with £271K mortgage
- £5K in savings (she might have more)
- Income: £32K yearly
-
Contribution to marriage:
- I moved from London to martial home: Travelling cost increased from £150 per month to £500 per month. Commute time increased from 1 and ½ hours to 3 and ¼ hours each day.
- First 7 months’ mortgage interest paid by me - £500
- Contribution to bills and shopping: £600 per month
- £6K of furniture
- £6K of gold jewellery that have been in the family and intended to be used by wife.
- Wife: Paid mortgage after Oct-2016

Post separation I have not paid anything towards martial home and have cancelled all bills in my name – I moved back to London since separation.

I feel the right things to do is to request all the furniture, gold and half the increase in the marital home (work and budget project managed by me). I can live with the £25K lost on the wedding – fully paid by me but I am not going to walk away with nothing after all I’ve been through and put into the marriage to make it work.
Can I get your thoughts on this settlement and if I am entitled to take any other action against the STBX and family?
Re: 7 months and its over - your advice for settlement
Bubblegum - 02 May, 2017 07:56PM
Well that's arranged marriage for you! Bit like a lottery... And you didn't win.
Any way, in most basic terms:
It's a very short marriage and I assume you are both relatively young, working and there are no children involved.
I think as a general indication of what's fair you should each take out your premarital assets and split everything else 50:50. This is of-course a very basic interpretation.
Don't get too hung up on furniture and the jewellery. These items may not be worth fighting over if you can not agree amicably.
Some solicitors offer a fixed price service as do some direct access barristers, you can get a clear idea of what a court would deem a fair settlement. Do note though, family courts have a fair amount of discretion and the outcome can vary considerably. Court proceedings are risky and costly, so if possible try to settle out of court. Mediation and arbitration are good alternatives.
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