Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
Topic:
A question of equity versus need. (17 Posts)
Started By:
Date:
30 May, 2017 12:01PM
A question of equity versus need.
seamus1 - 30 May, 2017 12:01PM
My wife drifted into my life seven years ago, carrying just two suitcases of clothes which were her only assets. She had no savings, no pension, nothing.We got married six years ago since when she has lived in my house and totally at my expense. As we are of pension age she now receives a small state pension of about £300 per month which she totally keeps and has contributed absolutely nothing towards our living costs.We are now considering divorce and I have offered her a sum of £10,000 to go quietly, but she is convinced that she is entitled to get at least 50% of my savings, pension and house.There are no children, elderly relatives or other dependents to worry about. Looking at the information available on divorce she would seem to have little or no entitlement to my assets - but once divorced she would have only her small state pension to live on suggesting she would have a great need. If she does not accept my payment in settlement, and it is left to a judge, can anybody advise what his decision is likely to be.
Re: A question of equity versus need.
Bubblegum - 30 May, 2017 12:33PM
What are savings, pension and house worth?
Re: A question of equity versus need.
HatMan - 30 May, 2017 12:43PM
Well - Assuming you have a reasonable amount of assets I suspect that £10K isn't going to hack it...six years isn't a very short marriage and I doubt that you will get away with that offer...annoyingly for you.

Anyway as Bubblegum says...without knowing the values involved it is impossible to hazard realistic guesses.
Re: A question of equity versus need.
seamus1 - 30 May, 2017 01:12PM
I would estimate the value of my modest bungalow is £250,000. My savings are about £180,000, My state pension is £850.00 per month and Private pensions £650.00 per month.
Re: A question of equity versus need.
davidterry - 30 May, 2017 01:46PM
>>once divorced she would have only her small state pension to live on suggesting she would have a great need

That about sums it up. I cannot see that a court would think a solution in which she received £10,000 would be fair. The fact that both of you are now of retirement age and no longer working means that any assets may have to be shared such as to provide for both of you. You probably think this is unfair and perhaps it is but the factors which courts are obliged to take into account by law mean that your preferred solution looks unlikely to find favour.
Re: A question of equity versus need.
Bubblegum - 30 May, 2017 02:04PM
Wow, there is a huge disparity in income/assets. You wife will suffer hardship and £10k might not quite cut the mustard. I would say less than five years is a short marriage. You've been married six years and you should add any prior cohabitation to this too. Look at Miller v Miller 2006. There is enough to meet both your needs. I'm not saying she is entitled to 50%, but £10k for her to walk away is rather optimistic when she only has £300 pension income per month.
Re: A question of equity versus need.
HatMan - 30 May, 2017 03:16PM
So ...out of assets of £430K you are prepared to offer her the massive total of £10K !!!!....dream on if you think that is going to float...!! I suspect that you are in for a very uncomfortable awakening , even if she doesn't take legal advice no judge will sign off on that as a split.
Re: A question of equity versus need.
seamus1 - 30 May, 2017 03:48PM
So what might be considered a reasonable offer - remembering that all my assets were in place long before she came onto the scene - and that she has not in anyway paid a penny towards their value.
Re: A question of equity versus need.
Bubblegum - 30 May, 2017 04:25PM
Well how much does she need to meet her 'reasonable needs'?



Edited 1 time(s). Last edit at 31/05/2017 08:53AM by Bubblegum.
Re: A question of equity versus need.
HatMan - 31 May, 2017 03:28PM
I doubt that you will get out with an offer of less than £50 K minimum...and potentially more.

Her working and earning life is at an end so cannot reasonably be expected to go away with nothing to live on, what would a small flat cost where you live ?

PS - In your opening line you said ' she drifted into your life'...you didn't have to marry her!!...but you did and now she has rights which and half decent solicitor will spell out to her in great detail.
Re: A question of equity versus need.
seamus1 - 01 June, 2017 08:18AM
Hitman and Bubblegum, thank you for your replies. To put things into perspective :- It appears that I am her fifth husband , two she divorced and two committed suicide while " in harness ". On each occasion she walked away with a considerable amount of money which I can only guess was gifted away to her family. I have only recently discovered most of her history by research or by leaks from distant relatives - she has never revealed this to me. One could say a classic honey trap. However neither the court nor this site are concerned with bad choices.So my hope is to escape with limited damages.
Re: A question of equity versus need.
HatMan - 01 June, 2017 08:35AM
Brace yourself for a bit of a hit then....Not a great situation but the law will see it in fairly black and white terms I am afraid.

They cannot be expected to interpret the intentions of each party.

Good Luck and keep us posted!
Re: A question of equity versus need.
Bubblegum - 01 June, 2017 09:00AM
Wow she sounds like 'the black widow'. Although seven years seems a long time to be in it just for financial gain. Were these past four marriages in England? I wonder if it's worth hiring an investigator. If she has had four large payouts and now has nothing to her name, it's all rather suspicious and I would wonder if there are hidden assets that can be traced. Sorry, my intention is not to send you on a wild goose chase, so consider the reliability of the information you have found out and if it is worth digging a little deeper into her background.
Re: A question of equity versus need.
seamus1 - 01 June, 2017 09:31AM
Thank you Bubblegum, you make some interesting points. It seems that the marriages were in Russia, Nigeria and Cyprus so probably not worth considering. My feeling is that any gains have been gifted away to feed her family's life style in London and Dubai which is why nothing seems to remain. One interesting point, if anybody has knowledge of the chaotic laws of 1950's Russia - she is connected to a " khrushchev flat " in Moscow ( too complicated to explain what that is - better viewed on wikipedia ). She claims that it is owned by others but is registered in her name which is a little confusing to me. I think it has limited value compared to UK prices but It is rented out, and yet again the modest money just disappears.
Re: A question of equity versus need.
Andyk - 01 June, 2017 09:32AM
Agree with Bubblegum, with 4 ex/deceased husbands in the background that you knew nothing of it would be surprising that she came to you with just two suitcases of possessions. I would certainly spend some time and money in getting some digging into her background, for all you know she may well have one, two or more houses fully paid for that she is renting out and stashing the money in an account you know nothing of.
Re: A question of equity versus need.
Bubblegum - 01 June, 2017 11:38AM
If you can trace these properties, show they were gifted to family members, to leave her with only £300pcm to her name. You may be able to show that these are actually held in trust by family for your wife. This could significantly reduce what you end up having to pay her. A lot of 'ifs' I know, but I would want to do a bit of digging around before resigning myself to handing over a substantial share of the assets on the basis of 'needs' that are not in fact true.



Edited 1 time(s). Last edit at 01/06/2017 11:55AM by Bubblegum.
Re: A question of equity versus need.
tyler74 - 14 June, 2017 02:07PM
seamus, you could try make it not worthwhile for her. I mean if the potential payout is in tens of thousands - blowing that money on lawyers and court proceedings is a very real possibility.
you could try to delay the proceedings as much as possible and make her spend - i assume she's not entitled to legal aid here.
After spending first 10k she might rethink her demands. thoughts?



Edited 1 time(s). Last edit at 15/06/2017 08:14AM by tyler74.
Sorry, only registered users may post in this forum.