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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33303
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I need some advice about a messy divorce. The Wife

Customer Question

Hi,

I need some advice about a messy divorce.

The Wife was paying the majority towards the house after a marriage of over 20 years and the husband used to pay £400 into a joint account for the bills and mortgage, but was at least half of what the Wife was paying. His salary was being paid into a different account and he had a lot more money in it. The couple have been separated for 8 years and within this period the husband did not pay anything towards the up keep. The husband is claiming 50% of all assets. Is he able to make this claim if the Wife has evidence of his salary, amount he was actually paying and in fact the point that he owes a lot of money towards the mortgage as he never paid upkeep.


The other issue is that he has had an adulterous marriage, had a child with another woman and is currently living with a woman who they have had a religious marriage (even though still legally married).


Please advise.



Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.
Yes. As mentioned in my comments, I wish to know if and how much the husband in this scenario may be entitled to. The wife has evidence that he has a son from another woman while they were married. He was also abusive and there are police records to prove this. What % of the assets is he likely to get?
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
How long were the couple living together for and how much are all the assets worth.
Did they have children together?
Claire
Customer: replied 3 years ago.

Hi Claire,


 


the couple were living together for 20 years and have 2 children. Both were living with the mum and the wife was solely caring for them. The son is now married and the daughter is still there. She's 26. During this time, the husband was unfaithful and didn't spend time with the family. Majority of time he was with another woman and had a son with her or did shift work which meant he was home very late.


 


He left 3 times and all 3 times the wife accepting him back to try to work things out. He then abandoned the family again 7 years ago for another woman.


 


 


They have a house in the UK worth about £280k and a house in Spain which, due to the current economy over there, isn't worth much and can't be sold at the moment.

Expert:  Clare replied 3 years ago.
Hi
Is there an outstanding mortgage at all?
Claire
Customer: replied 3 years ago.

The Wife had to pay off the endowment policy in Feb this year. Nothing was paid by the husband. They still have a mortgage for the property in Spain.


 


thanks,

Expert:  Clare replied 3 years ago.
Hi
Is the spanish property in negative equity?
Claire
Customer: replied 3 years ago.

not at the moment. the last valuation was done last year. The husband's name is on the property but he never contributed anything towards it since it was purchased.

Expert:  Clare replied 3 years ago.
Hi
May I just check - they had no children together?
Claire
Customer: replied 3 years ago.

As mentioned in my previous comments, they have 2 children together. The son is 31 and married, out of the family home. The daughter is 26 and still living with her mother.


 


thanks,


 

Expert:  Clare replied 3 years ago.
Hi
Sorry you had said and I missed it I think I am as slow as my internet today
The problem is that the starting point given the length of the relationship is indeed 50/50 and sadly the history of bad behaviour will not effect the outcome
Having said that the unequal financial contributions may assist in securing a 60/40 split in her favour - and indeed she has a claim on any assets that he has acquired with the assets he purchased whilst they are together.
I appreciate that this is not the news that you wanted - but please ask if you need any further information
Claire

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