How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKfamsol Your Own Question

UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
40487810
Type Your Family Law Question Here...
UKfamsol is online now

Hello. My marriage is very unhappy and whilst I would like

Resolved Question:

Hello. My marriage is very unhappy and whilst I would like it to work better, it is getting harder day by day.
If my wife and I get to the point of divorce, I would like to know approximately what my rights are.
Our children are grown up, married and live their own lives. My wife and I are full time foster and adult carers, and we have both an adult male and a 17 year old female who are in our care living with us.
Our house is almost paid for, my wife earns more than I do, and we both have savings.
I recently inherited money after the sale of my deceased mother's house.
The house and remaining small mortgage is in joint names.
Please could you advise me of how the matrimonial funds would likely be split.
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Thank you for your reply.


I am perfectly happy waiting for a researched reply; I do not want the question cancelling since I have paid £22 for it.


I don't need a detailed reply, I simply want to know the normal expected general outcome of a divorce settlement when there are no dependent matrimonial children (and hence financial support) involved.


I am 62, my wife is 58, and we both have own incomes and savings, including my inheritance from the sale of my deceased mother's house.


 


I believe the element of my question regarding foster and adult care should be ignored, but I am not sure.

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

Once a divorce petition has been filed at court, if the parties cannot agree between themselves, either party can apply to the family court to ask the court to decide how the matrimonial assets should be divided between them. Both sides are under a duty to give full financial disclosure ie reveal all finances - to the court & to each other. The matrimonial assets are everything in each person's name, and everything they own jointly with anyone else. Pension entitlements count as matrimonial assets. You may be able to argue that your inheritance is NOT a matrimonial asset if you have kept the monies is a separate account, and not used any of it for general household expenses or for your wife's benefit.

The court starts from the position that the matrimonial assets should be divided 50:50 - then looks at reasons why that should not be the case eg if one party is to provide a home for dependent children, or if one party has a significnatly lower income than the other, then that person could argue for a larger than 50% share (but rarely more than 60% or 65%).

In your case, as your wife earns more than you, you might be able to argue for more than 50% - but given that you have your inheritance which you will want not to be in cluded, it is likely that the best you can get is 50% of the total, excluding your inheritance.

This does not mean that every asset must be split in half - eg it could be that one of you buys out the other's share in the house, which is then transferred in that person's sole name. Or the house could be sold and the net proceeds divided as agreed.

As going to court is stressful, time-consuming and expensive, reaching a settlement is preferable if at all possible. You can negotiate either between yourselves or via solicitors' correspondence, or via mediation. Here's where to find a specialist family law solicitor:

http://www.resolution.org.uk/findamember/

If you do reach agreement, that can be made into a binding legal agreement if drawn up into a draft consent order by a solicitor which you both sign, which is then sent to court for the court's approval.

If you can't reach agreement, either one of you can apply to court - but the court now requires that mediation is attempted before it will consider an application to court.

Here's where to find a local family mediator:-

http://www.familymediationcouncil.org.uk/find-local-mediator/

I hope this helps and I wish you the best of luck.


Thanks and best wishes.

UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters