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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34143
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I are about to have a divorce. We have savings

Customer Question

My wife and I are about to have a divorce. We have savings in joint accounts. During our marriage, she was left a sum of money by her nan and she is asking to have it in advance of agreeing a settlement. I am concerned, as we have not agreed anything yet about the split.
What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Good morning and thank you for your response. please leave it with me. I will be in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

My apologies. I sent you the above response by accident. I will opt out for another expert.

Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How long have you lived together and how much did her grandmother leave her?

Are there any children involved and what is the value of the other assets?

Expert:  Clare replied 1 year ago.

Are you aware that the site charges extra for a phone call?

Customer: replied 1 year ago.
Married 5 years, living together 8. She has kicked me out 2 weeks ago living on my friends sofa. I am maintaining my share of bills as if I was there, plus having set up a maintenance direct debit appropriate to my salary as well.The amount requested is for £10K. We have £41K in savings confirmed, with another £4K that my wife should have somewhere unconfirmed.
Customer: replied 1 year ago.
I wasn't aware about the extra for the phonecall. Could we continue online?
Expert:  Clare replied 1 year ago.

Are there any children involved?

Customer: replied 1 year ago.
My 4 year old boy still living in our house, which we rent.
Expert:  Clare replied 1 year ago.

Why does she want the savings now?

Customer: replied 1 year ago.
She says her Nan gave it to her and that my nan who also died gave me £5K and that these amounts should not be considered in the divorce.I'd be concerned, as if there was a less than 50:50 split in the outcome, that could leave me with not very much
Customer: replied 1 year ago.
She is saying that she has no money. I have given her more this month £630, than I would have paid if I were there, and she's not paying for me.
Expert:  Clare replied 1 year ago.

How long ago did each of your grandmothers die?

Customer: replied 1 year ago.
Last Christmas for both.
Expert:  Clare replied 1 year ago.

Will she agree to you having your £5,000 at the same time - and will she give credit for the £4,000 that she already has?

Customer: replied 1 year ago.
She won't confirm anything concrete about the additional £4K. She would let me have the £5K. Is it right what she is asking?
Customer: replied 1 year ago.
I'd prefer it to remain in the joint account untouched until we've reached a final agreement.
Expert:  Clare replied 1 year ago.

Realistically it is likely that the family court will say that you should each have your inheritance and that the balance should be split 50?50.

However if you do not agree that any should be withdrawn now then your only option is to freeze the accounts

This is an issue that you need to discuss matters with your wife using Family mediation

www.familymediationcouncil.org.uk

Please ask if you need further details

Customer: replied 1 year ago.
OK. An additional £7K from my grandmother's estate was also given to me at the request of my parents so that takes my amount up to £12K that I've received from my Grandmother's estate. Would his be treated the same by a family court?
Expert:  Clare replied 1 year ago.

So you could both take £10,000 and it would be fair?

Customer: replied 1 year ago.
we could, but the ensuing split would not be fair.I'm not wanting her to lose out. If there were a 60:40 split on the remainder, I'd benefit too much. She still has my son for a large part of the time.
Expert:  Clare replied 1 year ago.

But you could negotiate on what the split would be - taking into account monies already received?

Customer: replied 1 year ago.
Thing is the money will still be in our bank accounts, so it would be difficult to tell when we had the final split and division of money. Are our current account balances taken into account?
Expert:  Clare replied 1 year ago.

But you will each know that the money is as agreed and it is an issue that can be dealt with via Family Mediation

Customer: replied 1 year ago.
Thank you Clare
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well