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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34232
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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Im needing advice n the following matter After two

Customer Question

Im needing advice n the following matter
After two years of separation my wife has filled for a Divorce which I consent to----im 72 and currently living on state and private pension a total of 1000.00 GBP per month I have no investments savings or property other than what we own jointly- and no dependents
I was previously paying 400 GBP per month to my wife for house hold bills ----after she came into a windfall of 250.000.00 GBP I cancelled the monthly payment of 400 GBP as my needs became greater than hers was this wrong?
She also wanted to change
our will to reflect that she could leave her half of the property to whom ever she wanted on the joint ownership of the property which I disagreed with and asked if she would like to buy me out for 30.000.00 but this has now become complicated with her Solicitor and I have retracted the request and Im willing to sign the property over to her freely
We both own a property valued at around 150.000.00 GBP
Her solicitor has asked for all my bank statements from our separation date OCT 2013 to see what the settlement would be----I've no interest in any settlement
just a clean and clear divorce
Must I comply with this request and can I reply to her Solicitor stating Im not seeking any settlement and prepared to relinquish my joint ownership
Please advise
Kind Regards
John
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What capital assets do you each have?
Customer: replied 1 year ago.
Sorry Im Missing Something here I thought it was clear from my question what capital assets we haveshe has 250.000.00
I have 1000.00
we joint own a house valued at 140.000.00/150.000.00
Expert:  Clare replied 1 year ago.
My apologies.For clarity - are you saying that you are willing for her to have the only asset there is - your home?
Customer: replied 1 year ago.
Yes ------it wouldd be that simple and the Divorce could be settled without further disclosure of any finical /assets
Expert:  Clare replied 1 year ago.
That is very very generous - where will you live?
Customer: replied 1 year ago.
This getting me no where what's with the one liners are you going to give me some helpful advise at 40 GBP I don't feel as if Im getting Value
Expert:  Clare replied 1 year ago.
I understand your feelings but I d o need the information.As things stand you are saying that you wish to give your ex ALL the assets - joint as well as her windfall.The Court is going to have concerns about your housing position and may not be willing to make an Order without having more information about YOUR position - hence my question
Customer: replied 1 year ago.
Sorry Im just frustrated----I have no interest in any finical rewards----she can have everything---Im currently renting and an in Asia for the weather as it relieves my old bones from pain----Im just looking for a quite life for my remaining years------I have all that I need------my total worth is my pensions---she can have all that's in the UK
Expert:  Clare replied 1 year ago.
The problem is that your very generosity is working against you as it is raising suspicion that you have "hidden" assets - hence the request for Bank Statements.With regard to stopping the maintenance you were paying it was understandable but somewhat hasty if your ex has no other income of her own.This does not mean you should restart payments - it is simply a commentWith regard to the house in fact your wife is free to "sever the joint tenancy" and leave her share to whosoever she chooses - and you cannot prevent itThe offer you are making is, as I have already told you, excessively generous - especially as in fact your housing needs would be seeing as being of primary importance since your ex has ample finds form which to rehouse herself.The starting point for division of assets is 50/50 and in the circumstances it is posisble that you would get your 50% and no Pension Sharing Order - or at least 40% and no pension sharing order. However in order to resolve the financial issues there does have to be some basic disclosure - hence the request for your bank statementsAll you can do is repeat your offer and send basic details of your capital and income, and repeat your offer.Please ask if you need further details - it can take as many follow ups as you need
Customer: replied 1 year ago.
Clare thanks for your reply I would state the following:
Wife's income
she has her state Pension
She has shares in Sainsbury's
She funds in excess of 240.000.00Up until till march I was paying 400GBP per month from my state pension into her bank this is what I stopped paying and as I understand I was with in my rights as there was and is no court order for payment of this money and with her current finical position my need was greater than hers as I see it------------------
I have no assets' what my wife and her solicitor are doing is assuming I have--------I have agreed full disclosure/My generosity has been my greatest problem because-------I gave to a third party to purchase a house this is what they have latched onto but with regret I am no longer with that person and the funds have evaporated as all was in the third party's name In Asia
----so as I see it I have only my Pensions I cant produce what I don't have as much as I would like to
Expert:  Clare replied 1 year ago.
How much was spent on the house?