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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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does the ex partner in a marriage have have any rights to income

Resolved Question:

does the ex partner in a marriage have have any rights to income of the ex spouses new partner
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.
I need a bit more information to be able to answer:
Are you divorced? If so, how long ago was the decree absolute? and did the court make any final order concerning assets and/or maintenance for you? If so what was ordered? Has there been any change in either your circumstances or your ex-husband's circumstances since the court order?
If you are not divorced, has either you or you husband issued divorce proceedings?
Customer: replied 2 years ago.

Hi

The situation concerns a member of my extended family who has just left his wife. He is in a relationship with a professional woman and as his divorce is still in the early stages fears that his wife will have a claim on his new partners income/pension.

Customer: replied 2 years ago.

He has been hiding his income from his wife for the past 2 years by having changed his job and getting his salary paid into his new account and then transferring what appeared to be a salary into the joint family account. No court orders yet.

Expert:  UKfamsol replied 2 years ago.
Hello again and thanks for the extra info.
When a married couple divorce, if they cannot agree between themselves as to how the matrimonial assets should be divided and/or how much if any spousal maintenance one should pay to the other, then (once a divorce petition has been filed at court) either one of them can apply to court to ask the court to decide these issues.
The case is between the husband and the wife, so the wife will not have any direct claim against the income or pension of the husband's new partner - but the new partner's circumstances will be relevant as part of the husband's overall financial circumstances.
The court has to decide what is a fair division of the matrimonial assets, which are everything in each person's sole name, plus everything they own jointly. Each party is under a duty to provide full and frank financial disclosure, to each other and to the court. This is done by each person completing a detailed financial statement (the Form E) with documents to backup what they say.
The court starts from the position that the assets should be divided 50:50, then looks at reasons why that should not be so eg if one party is to provide a home for dependent children, and/or their income is significantly lower than the other's, then the court is likely to award them more than 50% eg 55%, 60% or 65% - can even be more sometimes. The key point for the court is each party should have at least enough to rehouse themselves and any dependent children.
If more than 50% of the assets does not give the wife enough to rehouse herself and/or she does not have enough to live on, then it's likely that the court will award spousal maintenance in addition. If the husband is living in a household with two incomes, while the wife has just her sole income, then the husband has more disposable income available, and that will affect the decision of the court both about the level of spousal maintenance if any, and the share of the assets each should get, but it won't come directly from the partner's income or pension.
I would definitely advise against trying to mislead the court in any way. If he does, and the court gets wind of what he is trying to do, he is likely not just to be reprimanded by the judge but he risks a costs order being made against him (which is otherwise rare in family proceedings)and he also risks the court making an inference that he has more in money and assets than he actually has.
As going to court is stressful, time-consuming and expensive, negotiating a settlement if at all possible is better. Husband and wife can negotiate between themselves, or via solicitors' correspondence or via mediation. The family court anyway now requires the parties to have attempted mediation before it will consider an application to court.
Here's where to find a local family mediation service:
http://www.familymediationcouncil.org.uk/find-local-mediator/
The husband would also benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor near to him:
http://www.resolution.org.uk/findamember/
I hope this helps and I wish him 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
Customer: replied 2 years ago.

To be honest I do not wish him the best. I do not wish him ill but he is a rat.

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