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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Divorce Financial Settlement

Resolved Question:

Hi, Ive been married about 18 months (lived together for 3 yrs prior) and we are now seperating with a view to a divorce. I have a few questions ....


1) I owned in my name the house we live in before marriage and my wife has had nothing to do with mortgage payments upkeep etc ..... She also has a house in Spain which I have had no involvement with. Does she have a claim on my house?


2) I owned financial assets prior to marriage in my name only (e.g. shares, cars, cash). Does she have a claim on these?


3) Does she have a claim claim on my company pension I had before we married?


4) My mother has recently died and I have a substantial inheritance coming from her. Will this form part of any divorce settlement?


 


Thanks


 


Just to add we have no children to consider and our employment financials are equal going forward.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 is the value of the assets that you each own - separately or together and what income do you each have?
Clare
Customer: replied 3 years ago.

Me:


House £130K (less £90K mortgage)


Shares £20K


Savings £20K


Vehicles £25K


Pension £50K


Inheritance due £61K (sale of mothers house)


Her:


House £40K


Pension £5K


Car £2K


 


We are both self-employed. I'm an electrician on around £20K per year and she is probably slightly more.


 


Thank-you

Expert:  Clare replied 3 years ago.
Hi
Where will she live after separation?
Clare
Customer: replied 3 years ago.

She will go and live in her house in Spain and work from there. Virtually all of her work is on-line so she can live anywhere. Her mother als lives out there and she wishes to be close to her to look after her.


 


Thanxs


 

Expert:  Clare replied 3 years ago.
HI
1 and 2. A five year relationship (the cohabitation counts) is on the shorter side of medium which does indeed give each of you a financial claim on the assets of the other
She also has an absolute right to live in the Matrimonial home so long as you are married
Having said that the short length of the relationship and the fact that she has her own home makes any claim relatively modest - somewhere between £10,000 and £20,000 at most
3. Her claim on your pension is negligible if you have made no payments toward sit during your relationship
4. Since you are receiving the inheritance after separation and there are ample other assets from which her needs can be met there is little chance of your Inheritance being taken into account at all
I hope that this is of assistance - please ask i you need further details
Clare
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