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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My ex-partner and I are separated and are going through a divorce

Resolved Question:

My ex-partner and I are separated and are going through a divorce at the moment (not yet reached decree nisi). We were married for less than a year and have no children, property or joint finances together. My ex-partner is on a 2 year marriage visa which is due to expire in the next two months.

If my ex-partner leaves the UK when her visa expires then decides to persue a financial settlement against me, what kind of settlement would be granted through the UK courts ?

She is currently working so I’m wondering if any settlement would relate to her employment in the UK if she is unable to find work if she leaves the country (she has been working in a full time job for a year and a part time job for a year also).

I have already been advised that a simpler and less financial solution might be to sponsor my ex partner's Indefinate Leave to Remain application in order to get a financial clean break order agreed but I want a second opinion on this.

Many Thanks


Calvin
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assets are there and what income do you each have?
clare
Customer: replied 2 years ago.

Hi,


 


My income is around 40K and my ex-partners is around 15K. There are no martimonial property between us, I have my name in the deed of a pre-matrimonial property with one of my family members.


 


I have some pensions, savings and ISA's in my name that probably amount to 30k. My ex-partner has some personal savings of around 15K. She has no pre matrimonial property assets.


 


Hope this info helps.

Expert:  Clare replied 2 years ago.
Hi
Where are you each living?
If she returns to her home country how easy would it be for her to re-establish herself?
Clare
Customer: replied 2 years ago.
Hi,

We are both living in rented accomodation but at diffeent addresses in London. From the discussions we had on this topic when we were together, I understand that she has family members in her home country but she is not in contact with any of them any more.

She also has friends from her home country in the UK but she has mentioned that it would be difficult for her to ask them for help if she was to return home.

Calvin
Expert:  Clare replied 2 years ago.
Hi
What is the extent of YOUR capital assets?
Are you supporting her in any way at the moment?
Clare
Customer: replied 2 years ago.

Hi,


 


We are both self sufficient, my ex partner supports herself through her job and the same is true for me.


 


I`m not sure what is meant by capital assets in addition to the savings, shares and pre marital property mentioned, do you mean household furnishings, bank accounts, shares etc, could you give some examples of the additional capital asset information you require.


 


Thanks


 


Calvin

Expert:  Clare replied 2 years ago.
Hi
I mean the value of your savings shares and your share of the property that you own - what is the extent of YOUR capital
Clare
Customer: replied 2 years ago.

Hi,


 


Savings and shares probably amount to around 30K, my share in family property is 50 / 50, the family home was valuated two years ago @ 320K.


 


Calvin

Expert:  Clare replied 2 years ago.
Hi
Is that property mortgage free?
Clare
Customer: replied 2 years ago.


Hi,


 


Yes the property is mortgage free


 


Calvin

Expert:  Clare replied 2 years ago.
Hi
What is certain is that your support for her ILR is certainly your best bargaining point.
In addition her remaining able to continue to live independently here in the UK is by far the best outcome financially for you
The shortness of your marriage - which would otherwise protect you - is cancelled out by the fact that she left her homeland so there is a high risk of her achieving a financial settlement
If she returns to her Home Country then she will be able to argue that she needs Financial support form you in the form of capital to help her re-house herself and maintenance whilst she finds employment.
If she stays here then she has savings and employment and no need for support from you
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Claire,


 


Thanks for your response to my query, I really do appreciate the advice given so far.



If you don't mind I do have a follow up question which has been on my mind for a while now.

What if after I sponsor my ex-partner's Indefinate Leave To Remain application she then refuses to sign the clean break order. If this occured could I ask the courts to intervene and enforce a financial clean break on my behalf, bearing in mind the short marriage and no joint assets / capital ?


 


Thanks


 


Calvin

Expert:  Clare replied 2 years ago.
Hi
When is the date of the Decree Nisi?
Clare
Customer: replied 2 years ago.

Hi Claire,


 


The divorce hasn't been progressed to Decree Nisi yet and has been in this state since early January this year.


 


My ex-partner filed for the divorce just before I did (even though she initially agreed that I will file the divorce). I am considering a counter petition if this doesn't get progressed by her anytime soon.


 


Thanks


 


 


Calvin

Expert:  Clare replied 2 years ago.
Hi
Instead of that give her a deadline - say that if she does not progress the matter by the end of May you will apply for her Petition to be dismissed so that you can start one of your own.
Also say that you will only assist with the ILR as and when there is a signed Consent Order
Clare
Customer: replied 2 years ago.

Hi Claire,


 


I was also thinking on the same lines as this re the consent order but with her visa expiring in less than four weeks and with her being unwilling to cooperate I would like to know my options if the consent order is not agreed in time. So what would my options be for a clean break if my ex-partner does not cooperate ?


 


Thanks


 


 


Calvin

Expert:  Clare replied 2 years ago.
Hi
If she will not agree then your options will be to do nothing - after all it is for her to make a claim, and hope that she remarries at which point she can no longer make one; or to start the process for the court to consider the financial situation and hope that the short length of the marriage and the extent of her savings will persuade the court to simply dismiss all claims you have against each other
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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