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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34137
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi,Ive been married just over 2 months now, and I was

Customer Question

Hi, I've been married just over 2 months now, and I was with my partner for over 2 and a half years before that. We are now heading down the route of divorce as my partner has decided to end the relationship. There are a few factors involved making the divorce complicated. Financial: We have a joint savings account in which I contributed £15,000 and my wife contributed £450. My wife also has a credit card debt of £2,800. My partner and I contributed £1000 each towards the actual wedding, and the rest of the cost was gifted to us from our parents, the majority of which from my wife's side. My wife paid £2,800 towards the honeymoon, in which I have already made clear I am more than willing to pay half. I want the divorce to go as smoothly as possible however my wife has stated that she wants half the savings account she declared she is entitled to. Traceable costs: My wife does not have any traceable documentation such as receipts or bank statements to prove that she has contributed anything, but she is stating that her total contribution is £10,500, which I know is not true as everything except the honeymoon was a gift from her parents. Also, I have bank statements clearly showing how much of my wages has been placed into savings and what has contributed towards the wedding. Marriage: I have recently discovered that my wife has been unfaithful towards the end of the relationship and I recorded the conversation of her admitting this. I am unclear what this all means for me. Does the fact that I have evidence of my contributions, evidence of her unfaithfulness, and the short term length of our marriage mean anything to my case? Or in the eyes of the law am I still liable for paying her half of all my hard earned savings? She wants to go down the route of annulment under not consummating the marriage, if I agree to this, does this affect her claim on the savings at all? If she decides to turn around after signing the annulment papers and declare, whether true or not, that the marriage was consummated, will this make the annulment void even though she has signed the document? How does her debt affect her claim? Does this mean that her debt is now shared 50% with myself? Please help!

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you but I need some further information first.
How much do you each earn and why was your contribution to the savings so much higher?
Claire
Customer: replied 4 years ago.

Hi,


 


I earn £1600 per month after tax but some months it can be as high as £2500 based on overtime.


My partner earns £1150 per month.


 


We were saving to put a deposit down on a house, so I did maximum overtime to save up to get the house as soon as possible. We never had an agreement to say that I would save more I was just focused on getting the deposit together for the both of us.

Expert:  Clare replied 4 years ago.
Hi
You cannot apply for a divorce until you have been married for at least 12 months.
Whether the marriage ends because of divorce or annulment the financial outcome will be the same - and the fact that she was unfaithful will not be seen as being relevant in any way.
Although yours was a short relationship the fact that all the savings were built up whilst you were together and this makes a 50/50 division by the court a possibility - although I would hope that the court may go 60/40 or 70/30 in your favour there is no guarantee of that.
It is highly unlikely that the court would expect you to share the debt.
I hope that this is of assistance to you - please ask if you need further clarification
Claire

Customer: replied 4 years ago.

She wants to go down the route of annulment under not consummating the marriage. If she decides to turn around after signing the annulment papers and declare, whether true or not, that the marriage was consummated, will this make the annulment void even though she has signed the document?

Expert:  Clare replied 4 years ago.
Hi
Just to check - she is saying that you refused to Consummate the marriage is that correct?