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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34890
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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This week is the FDR divorce case. My ex has proposed

Customer Question

This week is the FDR divorce case. My ex has proposed a 50/50 split of our 500k equity while my sol and barrister are asking /40 based on the fact that my ex earns 30k a year more than me and it has been a long marriage. Can you play Devil's advocate and tell me what arguments my ex's sol is likely to use to support his case?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Thank you question.
My name is ***** ***** I will do my best to help you
The principle one will be that the starting point of the assets is 50/50 and there is n reason to depart from this.
You will have amply assets with which you can rehouse yourself so there is no need capital to meet your housing needs.
The gap in your income is not sufficient to merit Spouse maintenance and accordingly there is no need capital settlement to cover this.
Please ask if you need further details
Customer: replied 3 years ago.
thanks Clare. My husband has not fully revealed his financial details on his form E. This might suggest a much greater gap in our incomes. Would his solicitor be concerned about that?
Expert:  Clare replied 3 years ago.

It is a problem from his solicitor's point of view but they will no doubt say that the gap is still not large enough to merit spouse maintenance
Customer: replied 3 years ago.


I received a 100k inheritance just before my husband decided to leave - what argument will his solicitor put forward that my ex is entitled to half of that as part of our joint marital pot?

Expert:  Clare replied 3 years ago.

They will take the simplistic approach that it forms part of the matrimonial assets and that the only fair way of distributing the assets is 50/50
Customer: replied 3 years ago.
Clare The financial outcome was more or less as you predicted although there was an unexpected bonus . Right at the start of the negotiating ex's barrister suggested I took the contents of the house. I immediately saw the advantage to me in that I would not have to haggle over anything. Exh is an intimidating bully and I'm afraid of him. Everything else was agreed, written up and signed. His barrister then came back to me and said my ex would after all like his books and some of the furniture. I was a bit astonished and said nothing. Thinking about it now I don't want to have anything to do with him ever again. And I'm very happy to be able to sort out the house contents on my own. On the other hand should we to go back to the negotiating table? Is that possible now the FDR is over?
Expert:  Clare replied 3 years ago.

I am glad it went well - and he offered you accepted so he is stuck with the order.
You may wish to give him his books as a gesture!