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History: Home UK Divorce Forum
Arbitration or court? (4 Posts)
Started By:
13 July, 2017 01:46PM
Arbitration or court?
John86 - 13 July, 2017 01:46PM
We started our relationship in January 2010 
We bought jointly owned home in January 2012 
We got engaged in January 2014 
We got married in January 2015
She had short affair March 2015 and still with him now
We separated in March 2015 
I petitioned for divorce in January 2016
We tried mediation but I refused to go back January 2017
We tried solicitors but we aren't agreeing on anything
I'm 31
She's 30
She earns £30kpa 
I earn £80kpa 
She has one child (with guy she cheated on me with)
I have no children 
She lives with parents 
I live in marital home 
I have £30k debt
She has £30k debt
I've paid off joint debt £50k (wedding, loans, home improvements) 
She's paid off none of her debt
Equity in joint home £100k

I've offered to clear her debt and for a clean break. She's refused.
She wants both of our debt paid off and split the remaining equity 50/50. I refused as she's the adulterer, I've put in financially 3x more than she has, it was a short marriage and her debt is what she's accumulated during our separation.

Are my reasons fair?

If we done court or Arbitration, what could be the possible outcome for each one?

Re: Arbitration or court?
John86 - 13 July, 2017 01:49PM
She isn't living with him as both live with their own parents. I know that makes a difference. Yeah
Re: Arbitration or court?
Bubblegum - 14 July, 2017 03:27PM
1. No one is going to care who cheated on who when it comes to splitting assets. So it's best to try and put that out of your mind.
2. This seems like a 'needs' case. So I'd think your assets would be split on the basis of what each of you need.
3. The actual financial outcome of arbitration and Court should be the same. They both apply the same principles of law. With arbitration you can choose and agree who your Arbitrator is. In Court you can't choose your Judge.
4. Arbitration would almost certainly be faster than going to Court.
5. It is a little concerning that your ex withdrew from mediation and refused to go back. You have also been unsuccessful in solicitor negotiations. For arbitration to work you both have to commit to it and want a common goal. If that is not the case, Court is the best option. Courts have more power of your ex does not comply with disclosure etc.
6. There are also the costs of each to consider. But outcome would not differ.
Re: Arbitration or court?
HatMan - 15 July, 2017 05:34AM
You have framed the same question several times now in slightly different ways - as has been stated the reasons for the divorce are completely irrelevant to the financial outcome, it will be based primarily on the needs of each party.
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