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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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We have been married for 12 years but our finances have always

Resolved Question:

We have been married for 12 years but our finances have always been separate and monthly costs (rent, food etc) have been split 50/50 (recorded on a spreadsheet); this has been done due to my husband having to pay maintenance (he also spends a lot on his son out of guilt) for his son in Cape Town. We do not have a joint account. I was recently awarded £145,000 for a personal injury claim (it has been a long a difficult recovery process due to a RTA) and we've decided to buy a house and will use my money as part of the deposit. I have asked my husband whether we can stipulate the amount that I am giving towards the deposit (I am giving £170,000 in total whereas he is giving £35,000) in the event of us getting divorced one day that I am able to get my % of the deposit back plus half of the sale price. This request has caused him to question my love and loyalty to him and our marriage. I have explained that I am just trying to protect myself in the event of him leaving me (we do not have any kids). The house will be in both our names and mortgage split 50/50.
My question: Would a divorce court take my contribution into consideration and award me my entitlement whether or not my deposit % is recorded or documented in the deed? Am I leaving myself exposed by not having it documented?
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Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

The quick answers to your questions are that in the event of a divorce, the usual starting point for division of matrimonial property is 50/50, irrespective of the fact that you are contributing a larger amount towards the purchase of the property.

Yes, you are leaving yourself exposed if you do not document your contribution and I would suggest that you consider entering into a post nuptial agreement with him which governs how your assets will be split up in the event of a marital breakdown.

Post nuptial agreements are usually binding on the parties, see here:
http://www.family-solicitors.co.uk/Post_Nuptial_Agreements.php#.VBqHP2eYLDc

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