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Harris, Law Specialist
Category: Law
Satisfied Customers: 1625
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I separated from my Wife almost three months ago, and we

Customer Question

I separated from my Wife almost three months ago, and we were working things out amicably, including asset share etc.
Then I attempted to tidy up our joint account, transfer out financial liabilities to my personal account, and close down the joint account, this account was almost 100% for the use of my Wife and household and some mortgages expenses. The account was solely funded by me, from my business.
Wife did not pay much attention to this account, resulting in things like a Gym subscription continuing to be paid for 6 months without spotting this. Also the account going overdrawn and lots of small fees being charged by the bank. I just wanted to get control of outgoings, and manage them through my personal account. My Wife has her own personal account and her own income which generally remains with her. I pay all of our property mortgages, maintenances, insurances etc, plus funding our own lifestyle. In fact the joint account benefitted from rental incomes from a couple of properties, but I paid these two corresponding residential mortgages from my personal account, it was set up this way and never changed.
The above is all small beans, unimportant really, except that as soon as commenced this process, my Wife immediately changed her whole approach, writing to me a detailed and complete volte face letter, stating that the Marriage was definitely over, and itemising every asset. (unnecessarily really as we had a basic agreement, and she was getting half of everything, even though I have two dependent Children from my first Marriage). I responded with an email that ranted a bit, saying that she could get on and deal with everything and sort all of the situation out, and throwing some harsh words about how I felt she had been treating me over the years.
I quickly recovered from the situation of feeling hurt, and then emailed my Wife with a suggested detailed plan of how we would go forward, and laying out all of the financials, including on-going refurbishment costs to properties, mortgage payments etc, and that she could take control and decide what to do, and then sell everything off if she wanted to do so.
That was about three weeks ago, I have had no further communication from her, and during that time a property has sold, and the funds remain with my Wife, although they were supposed to come to me, as I had recently given my Wife a large tranche of funds for the purchase of a property that would belong to my Wife as her home.
Now, I have received a Solicitors letter, with a request for a quick Divorce, and an undertaking to secure any sales proceeds from any asset sale (there are none, except the funds that my Wife has in her possession), and with no reciprocal offer or even reference to these sales proceeds and the other tranche of funds given to her.
In addition, the Solicitor has made accusations from my Wife, and insinuated that these are just mild, in a type of blackmailing way.
Anyway, the allegations are not serious, but it has shocked me, and I do not want to get into a slanging match, I just want to settle things amicably. There are always to sides to a story, but these is in a nutshell a correct assessment of how my Wife and I got here.
I will give my Wife a quick Divorce but not at the expense of admitting to things that are inaccurate, half truths and a downright lie.
I really don't know what to do next for the best, ***** ***** tried writing to me Wife to try and mediate, but absolute silence.
Submitted: 2 months ago.
Category: Law
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?

-How long have you been separated?
-Do you have any children together, if so their ages and proposed arrangements?
-What are the values of all assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 2 months ago.
Hi HarrisThank you for replying to my post.
Responses below:
-How old are you both? I will be 54 in August. My Wife is 50
-How long have you been married? We married in December 2009
-How long have you been separated? Since early May if this year
-Do you have any children together, if so their ages and proposed arrangements? No. I have two dependent Children (Not living with me permanently-Ages 10 years & 16 years).
-What are the values of all assets and pensions do you both have (both sole and joint), together with values?
My Wife has a war widows pension, I am not sure what the sum is, but I think it is around 2k per month. This goes into her personal account, and I think she uses some of it to support householder expenditure, but I would never request to include this in any settlement or financial remedy.
Our asset value is around 1.8m-2m. With equity of around 1.2m.
My Wife has recently had into her possession 100k from me for a house completion, which came from a re-mortgage on a commercial building that I won; and a further 68k from the proceeds of a recent house sale. Her Solicitor has asked for a promise and undertaking that I secure any proceeds from any asset sale, until remedy by a District Judge, this is fine with me as I have none to secure, but he failed to address the 168k in my Wife's possession.
My current financial position is negative, and I pay all of the mortgages and associated property expenses, predominantly from my income and from the Directors Loan account, which was heavily in credit due to inward loans, but is now almost repaid.
-What are your respective incomes? On average our tax returns show around 36k each.I hope this adds some clarity, and not too much fluff.Matt
Expert:  Harris replied 2 months ago.

Thanks for confirming. Firstly, as you have only recently separated the only fact that either of you can rely on to pursue a divorce is unreasonable behaviour and the petitioner will need to state certain issues of unreasonable behaviour that they consider led to an irretrievable breakdown of the marriage. The listing of such issues may lead to acrimony between you, but you should be aware that unless the petitioner states financial misconduct, then the reasons for the divorce will not impact a financial settlement. Furthermore defending a divorce will unlikely stop a divorce if the petitioner feels the marriage has irretrievably broken down.

In relation to the finances, given that you have only been married since 2009, it may be the case that a court agrees that the marriage is a short one, and if so, you will both be able to "ring-fence" assets that were obtained prior to the marriage. This will require detailed assessment as it may be in your interest to limit any negotiations to "matrimonial assets". It is not clear what assets were acquired prior to the marriage, but this may be significant given the amount of assets you have listed.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Law Specialist
Category: Law
Satisfied Customers: 1625
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 2 months ago.
Hi HarrisWill this entail just online exchanges or can I send you documents to read?Matt
Expert:  Harris replied 2 months ago.

I can read documents as part of the premium service if you wish

Customer: replied 2 months ago.
One more question for clarity, I am a premium member already, but this extra service is also called premium?I now think I need full legal representation in the matter, I think I have been set up a bit.
Expert:  Harris replied 2 months ago.

The proposal above is in addition to the current subscription you have

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