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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1321
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife has admitted adultery and I am awaiting a decree

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My wife has admitted adultery and I am awaiting a decree nisi. There are no minor children to consider. We are receipt of pensions in payment. I am 70 and my wife 69.I have heart failure, diabetes 2, kidney problems and hypertension. My pensions are greater than my wife's pensions. Will my medical conditions affect the financial settlement my wife will be entitled to?

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long have you been married?

- are there any other assets for both of you?

- how much do you both receive in pensions?

- do you need any care or support in relation to your medical conditions?

kind regards

Caroline

Customer: replied 1 month ago.
Hi Caroline,We have been married for 35 years.My State Pension is £8861pa before tax
My Capita pension is £1243p.a. before tax
My Prudential pension is £8861pa before taxMy wife's State Pension is £7759pa
My wife's Prudential pension is £1560pa
My wife is not subject to tax.Our house is in joint names - Joint Tenants - worth about £480k - no mortgage.I receive medical attention from:-My GP
Surgery nurses about twice per week
District Nurses from time to time
Heart Failure Outpatients Clinic
Nephrology (Renal) Outpatients Clinic
Vascular Outpatients Clinic
Anticoagulant Outpatients Clinic
Customer: replied 1 month ago.
Hi,I received an alert to say you have resonded again. However, I cannot see your reply.Kind regards,Robert
Hello Robert Thank you for your response. I think it is appropriate to give you an overview of the matrimonial finances and how the court deals with the same. In relation to the matrimonial finances - the correct way of dealing with the same is by making a claim which can only be done once divorce proceedings have been issued. Which has been commenced in your case. The matrimonial finances includes all of the assets and liabilities for both of you including the equity in your house and both of your pensions. You will both be under a duty of full disclosure to provide full details of all assets and liabilities for both of you to each other. Your marriage is a long one and therefore the starting point for the division of all assets is equality. The court considers the following criteria when deciding to depart from equality: The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your spouse’s pensions). From what you have said you do have health needs and are currently seeking support through the health service for these needs. Whether you should have a larger share is going to depend on whether you are likely to have private care needs in the near future such as a carer which would be an extra expense for you. If this is going to be the position then the court could award you a larger share of the assets to meet you needs - somewhere around 10 -20% more. You wife is also going to argue that as her income is less then she should have a larger share. These are both valid arguments. No two cases are the same and it is dependant upon meeting both of your needs moving forward. In relation to the house - The courts is going to want you to both downsize and therefore a court would order that the house should be sold so that the equity can be realised so that this can happen. There is sufficent equity for this to happen. The division is really going to start from equality but you both have arguments to ask for more and yours is going to be based upon any future health expenses that are forseeable in the near future. You need to consider referring to family mediation. This is a prerequisite before you can apply to court. Google family mediation in your area and give them a call to self refer. Mediation will try and help you both through full disclosure of both your financial positions and discussions about division. In relation to the matrimonial finances If agreement can be reached at mediation then a consent order should be submitted to the court when applying for decree absolsute in divorce proceedings to finalise matters. If agreement cannot be reached at mediation then the mediator will sign the form that you need to apply to court. Please do let me know if I can help you further kind regards Caroline Positive feedback is gratefully recieved. I would be grateful if you could leave positive feedback by clicking on the stars.
Hello I note that this question remains unrated. Your feedback is important to me and I would be grateful if you could kindly rate my help by using the stars so that credit is received for helping you. If I can assist you any further then please do not hesitate to ask. kind regards Caroline
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