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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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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CLAIM TERM DIVORCE.

Customer Question

I am British Citizen and married a woman in India in Feb 2011 and she came to the UK in Sept 2012. I applied for divorce in Feb 2014. Her Limited visas expired on 22 Sept 2014. Divorce case is still in progress. What financial rights she has got to claim from me for staying with me for a short period of time in the UK? Can she claim house, savings and pension from me?

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 and debts are there and are there any children involved?
What income do you each have?
Clare
Customer: replied 2 years ago.

I have heard that according to British Law a wife has no claim against the property and savings because she stayed only for short time of less than 2 years and her visas are expired. I own a house, savings and pension. Issue of children is sorted out because she had child and I am not biological father. Please read carefully. She came to UK on 20th Sept 2012. I filed divorce in Feb 2014. Her visas are expired in Sept 2014. I have not given consent for extension of her visas. She worked in this country till visas were expired. She left the house and lived separately since July 2012. Please let me know according to British Law what she can claim from me when she has Indian passport and marriage did not last long. She does not have joint name in the house I own.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but no the law is NOT as straightforward as that
Your was a short relationship BUT that does not mean that she has NO claim - just that the claim is likely to be limited but without knowing what assets your each have there is no way of saying what she can claim
In this case
http://www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd060524/mill-1.htm
a short marriage of 2 years 9 months has a reward of £5 million.
Your case will not be as bad BUT I need the information I have asked for
Clare
Customer: replied 2 years ago.

I have a house in joint name with my mother that is valued at £173000/= but I have mortgage to pay of £55,000/=. My age is 61 years and 7 months and the mortgage is to be paid ufo 70 years. I do not think I will be able to work till age of70 years. I had suffered from stroke. So whatever savings I have, say about £8000/= I will have to pay towards mortgage to free my house when I retire at age of 65 years. I will have to ask my company for pension. But it must be waived.My earning last year was gross £22,750/=. That is because I do overtime. Otherwise my basic wages per hour is £6.76. My mother is 79years old and is disabled hence she need a room with shower downstairs. I asked a contractor and he says the room will cost me £30000/=.I have a car Peaugeout 407 which is of reg 2004. It is 11 years old and needs replacement. I would like to know if car can be divided in property? My wife has taken jewellery which I had given when married but she has also taken the one my mother had just bored her to wear once and she took it away falsely alleging that it was given present to her. Please let me know what will happen.Thanks.

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
Could you explain what you mean about your pension - have you paid into one or not?
What assets does your ex have?
Clare
Customer: replied 2 years ago.
I have ongoing pension scheme with Samworth Brother Superannuation Scheem and total contribution I have paid till last year was 16603.81. According to Scheem it is not transferable and is activated only on the date of retirement which will be 19th Aug 2018. The amount remain frozen until then unless a death occurs.
I have no idea what assets she has in India. Here she earned money from work since Before April 2013 at Reset Clothing Limited. Then she joined A LaCarte, and was paid by Staffline Recruitment into her account since Nov 2013. Then she joined Melton Foods in Melton Mowbrey. She earned on average about £191 per week at Reset Clothing Company, about £260per week through Staff Line and may be about £300 per week or more at Melton Moubrey. All these earnings are et in hand after tax. Hence I assume that she earned £5,793.60.00, at Reset, £5,633,33 through ALaCarte/Staffline Recruitment and £6500.00 at Melton Foods at Melton Moubrey. Hence in total she earned £17926.99 through her salaries in the UK. I do not have her wage slips of Melton Mowbrey. She gave me only £ 100 per month and all the expenses of the house like light bills, gas, TV, Tel, Car, Insurances, Council Tax etc was born by me. In India she is part in hire to large piece of land that could be sold at £ 1 million. But I do no have document for that although I was shown the land by her with my brother in law. Thanks.
Expert:  Clare replied 2 years ago.
Hi
The fact that your relationship was a short one limits the claim that your ex can make upon you.
However the fact that she left her home country to come here - and will have to return increases the chance of the court granting her a small lump sum in settlement
It is hard to assess what the figure will be - especially given your age and health - but somewhere between £5000 and £15000 is possible - with the lower end more likely all being well
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Please let me know approximately how much percent of my income she can claim and please let me know that if I buy a car canit be regarded as personal asset on which she cannot have a claim?
Expert:  Clare replied 2 years ago.
Hi
It is unlikely that she will be able to claim maintenance - assuming that she can get work back in India
Any asset you acquire is going to form part of the assets for consideration - however it is unlikely to change the amount she will get
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
My solicitor had received a document from court. It is Certificate of entitlement to a decree. The it says that the Court certifies that the Petitioner fas sufficiently proved the contents of the petition and is entitled to a decree of divorce on the ground that the marriage has irretrievably broken down, the facts found proved being the Respondent's unreasonable behviour and to an order that tha Respondent pars the costs of Petitioner.
Then in another paragraph it says, "Take notice that the Court has fixed the 2nd March 2015 at 10.00 am for the pronouncement of a decree and the making of orders included in District Judje's Certificate by a District Judge sitting at the Family Court at Leicester,***** leicester.
Then there is a note saying that unless the decree or any of the orders is opposed, it is unnecessary for any party to appear at Court to the pronouncement.
Any party to these proceedings may be heard on the question of costs at the hearing. A party will not be heard unless he or she has served notice of his or her intention. To attend the hearing and to apply for or to oppose the making of an order for costs not less than two days before the hearing.
I had asked my solicitor if there was need for me to attend the court. He said there was no need.
Now he has not let me know what has happened at hearing and I am worried that my wife has taken jewellery which she said she will give only after the divorce is over.
Please give me some advice as to what I should do next . My solicitor had said I have to show my financial statements befor I get Decree Absolute. Is that right? Thanks
Expert:  Clare replied 2 years ago.
Hi
The hearing was the Decree Nisi
There was no need to attend.
It will take a week or so before the paperwork is received.
This is in no way related to the question of the financial settlement - it is about the end of the marriage - nothing else.
The only financial issue that would have been dealt with is who pays the costs of the divorce itself
Please ask if you need further details
Clare
Customer: replied 2 years ago.
How can I retrieve my jewellery? Have I to report for this to the court?. Thanks.
Expert:  Clare replied 2 years ago.
Hi
That is an issue that is dealt with separately as part of the financial side of the divorce
Clare
Customer: replied 2 years ago.
Can I get decree absolute before financial matters are resolved? How long it takes to acquire decree absolute and how long does it take to resolve financial matters issue once I have submitted my financial details?
Expert:  Clare replied 2 years ago.
Hi
The Decree Absolute can be made six weeks and one day after the Decree Nisi.
You can apply for it even if the Financial issues have nor been finalised.
The Financial matters can take between three and twelve months - sometimes more
Clare
Customer: replied 2 years ago.
Thaks Clare.
Expert:  Clare replied 2 years ago.
Hi
You are most welcome I hope all goes well
Clare