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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33276
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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I need to agree a settlement with my ex wife. I am 51 my ex

Customer Question

I need to agree a settlement with my ex wife. I am 51 my ex wife 53. We were married for 20 years, divorced 5 years ago and our children are older than 18. Our assets are my pension, worth 275k, a house on which I pay the mortgage and equity is approx 80k, and small items of furniture. My wife inherited 1.6 acres of land 2years into our marriage, in 1990. it is in a District plan to be built on and in theory could be worth £1.2m plus, but is agricultural land at present. Neither of us have savings to speak of. My questions are, what is the best, ***** ***** most likely settlement I should aim for, and is the land automatically considered part of the joint assets? Your advice would be welcome. Mg ex wife was in employment in a school but resigned go go overseas with her new partner.
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat income do you each have?What offers of settlement have been made?
Customer: replied 10 months ago.
Hi Claire my salary is 45k and as I said my wife isnt working as she chose to resign and go overseas for a year. shd doesnt have a pension. she is not asking for maintenance. Discussion is around thd land, property and my pension.
Customer: replied 10 months ago.
I offered her to keep all assets except my pension or we split dverything 50 50.
Customer: replied 10 months ago.
my main question is whether she can keep the land out of the settlement?
Customer: replied 10 months ago.
Clare is it easier if we have a quick chat?
Expert:  Clare replied 10 months ago.
Hi
Unfortunately if the property has always been help in your ex's name then there is case law which could indeed allow it to be excluded from the matrimonial assets
What is it's current value - just as it is now?
Clare
Customer: replied 10 months ago.
it is land not propert worth 35k as farm land and approx 1.2m as residential. I dont want a share of it but am saying its potrntial true value should be counted in the settlement.
Customer: replied 10 months ago.
can you please explain or quote the case as to why it should be excluded? it was inherited very early in the marriage. I am in Mexico by the way but a uk civil servant paid in U K. I am due to go to first court appearance soon.
Expert:  Clare replied 10 months ago.
It is not that it will be ignored - it is just that it will not be shared 50/50The case law is herehttp://www.lawgazette.co.uk/law/treatment-of-inherited-assets-upon-divorce/58975.fullarticlehttp://www.clmlaw.co.uk/familylaw/2012/12/the-treatment-of-inherited-wealth-on-divorce/In your case it is an interesting consideration as to how the land will be dealt with If the upper value is a realistic possibility then it could be set against your pension and you could keep thatIf not then it could be set against her share of the equityIt gives you a great deal of negotiating room Please ask if you need further details
Customer: replied 10 months ago.
Clare
thanks for your answer.I have looked at the case studies and its helpful to see the criteria the court ;may consider. As neither of us are so financially secure (I have no property of my own for example and no savings), it looks as though the land should be taken into account for both os us, providing I can get the court to agree that it has a real value and therefore can make a real difference to both of us in terms of our security. My wife is an only child and can therefore expect further inheritance (from an uncle and parents)- how relevant is this in court?
Expert:  Clare replied 10 months ago.
I am certain that it will be taken into account - but as I said it is debatable as to how it will do so - her potential inheritance rights are not relevant I am afraid
Customer: replied 10 months ago.
Clare thanks for your advice. I am due in court on Monday in Bromley and have chosen to represent myself. My preference all along was mediation. I can see that our legal structure probably doesnt favour me . I remain somewhat pessimistic that I will lose more than 50% of my pension and also that the court will exclude the land. What is the likeky position on costs, should I expect to pay 50% or more of my ex wifes fees , already £5000? Have you any further advice on what I should try and go for as an overall settlement? And can I request that we resolve this out of court as I live in Mexico and cannot keep goiing back to U K? regards Steohen
Expert:  Clare replied 10 months ago.
Hi
Is it the final hearing on monday?
Clare
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
clare
its the first hearing tomorrow.
Expert:  Clare replied 10 months ago.
Hi
For clarity - it is just the first appointment - is that correct?
Have you completed all the necessary paperwork?
Customer: replied 10 months ago.
clare
yes, first appt and I have done the paperwork. stephen
Customer: replied 10 months ago.
Its at 2pm if we can speak before then?
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 10 months ago.
Hi
I am abroad at the moment but will be back in the Uk on Thursday (sadly)
We can speak then if you would like
Clare
Customer: replied 10 months ago.
Clare
I have had the first court appearance and have a couple of questions re pension sharing. Is it likely the settlement could focus on the pension earnt during the marriage or more likely it would include that earnt before and after the marriage? And does my state pension gsve to be included?
stephen
Customer: replied 10 months ago.
Yes, can we please speak Thurs- what time? Stephen
Expert:  Clare replied 10 months ago.
Friday evening might be better - it would be helpful if you could bullet point the issues that arose at the hearing!

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