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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife has petitioned for divorce on the grounds of my adultery,

Customer Question

My wife has petitioned for divorce on the grounds of my adultery, which is admitted. She is making a case for "add back" on the basis of expenditure on other women prior to the start of proceedings. Under what circumstances is this likely to succeed and how should I respond? I am trying to run my own divorce so please keep it simple.
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.


Do you have children?

How long have you been married?
Customer: replied 4 years ago.

4 children aged 28, 26, 24 and 18. My 18 year old will be attending university from this October. The older three live independently.


 


Married for 37 years

Expert:  Stuart J replied 4 years ago.
How much money is she alleging you spent on the other woman? How much have you spent?
Customer: replied 4 years ago.

So far she has not indicated how much she wants, we are at the questionnaire stage. In the last 12 months before the petition, I spent approx £30,000 from a shared asset pool of c£800k including the matrimonial home.

Expert:  Stuart J replied 4 years ago.




I am going to opt out of this for another expert to consider.
Please do not reply or it comes back into my inbox. Another expert will pick it
up at some stage. It is now open to all experts.



Expert:  Clare replied 4 years ago.
Hi
What income do you each have and what pension provision do you each have?
Claire
Customer: replied 4 years ago.

My wife is a church of income priest on a stipend of c£25,000 per annum plus free accommodation. I am recently retired. Our combined pensions amount to c£45k per annum.

Expert:  Clare replied 4 years ago.
Hi
What was the £30,000 actually spent on?
Claire
Customer: replied 4 years ago.

Presents at xmas/birthdays, plus i paid off a mortgage of c£11,500 plus holidays etc

Expert:  Clare replied 4 years ago.
Hi
Just to check that I understand - you used some of the assets to pay off your new partner's mortgage - is that correct?
Claire
Customer: replied 4 years ago.

Yes

Expert:  Clare replied 4 years ago.
Hi
Then there is no doubt that you will have to account for that - and indeed technically you have opened up the possibility of a potential claim on your new lady's partners house
With this in mind it could be wise to simply agree to add back in the £30,000 - or at least a large chunk of it and not allow this issue to go any further
In fact given the extent of the assets £30,000 is frankly not particularly relevant and on that basis I would not make it a major issue
I hope that this is of assistance - please ask if you need more information
Claire