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 Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My husband left the family home after a series of affairs in

Customer Question

My husband left the family home after a series of affairs in April 2012. In January 2013 I won some lottery money, he did not even know I did the lotto at work, it went into my own bank account and I have spent the money on nothing to do with the original family home as I no longer live there or anything to do with him. He is trying to not sign our divorce papers until I give him some of the money. Is he entitled to it?? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
There is a set process to dealing with the matrimonial finances when divorcing. Although you are both entitled to make a claim in respect of the matrimonial finances - It is not a case of simply 'handing over' some money to your husband so that he will sign the divorce papers.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future. This should only cost circa £300 - £400.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
Customer: replied 1 year ago.
My answer has not really been answered. Neither of us had any money or anything to split no property nothing, and we were just going to get divorced under the 2 year separation rule but he now does not want to sign it as he wants some of the money I won after we had separately. I had seen a ruling that had happened in Court whereby if you won money after you separated then it was nothing to do with your spouse. I just wanted this to be confirmed? Thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
There is no clear cut rule that your husband cannot claim against your winnings. The fact that you have not yet dealt with the issue of the matrimonial finances means the 'win' is still part of the pot for division.
Although if there is nothing left from your winnings then you should look to agree a clean break with your husband - which means that neither of you will claim from the other.
Does this clarify?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,Thank you, ***** ***** clarifies everything. Thanks for your help. Regards Tracy
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Tracy - I wish you all the best
Kind Regards
Caroline
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
In fact there is case law which clearly states that your lottery winnings are yours alone and your husband is NOT entitled to a share of the win.
Then only time they would be taken into account is if there are no other assets available to meet basic needs - and since you refer to a house this is not a problem
You can read more here
http://www.thrings.com/site/news_events/richer_poorer_lottery.html
Clare
Expert:  Clare replied 1 year ago.
HiThank you for your question. My name is ***** ***** I will do my best to help you.In fact there is case law which clearly states that your lottery winnings are yours alone and your husband is NOT entitled to a share of the win.Then only time they would be taken into account is if there are no other assets available to meet basic needs - Ther eis an outside chance that you may have to make a small token payment to your ex - but even that is not necessarily sohttp://www.thrings.com/site/news_events/richer_poorer_lottery.html

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
< Last | 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:

    133
    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/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)