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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35068
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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Claire, need advice on divorce financial settlement

This answer was rated:

hi Claire,
need advice on divorce financial settlement

Thank you for asking for me

How can I help you?

Customer: replied 1 year ago.

hi and thanks for your response

I was married in the UK for 3 years but was with my ex husband for a total of 7 of which 4 we lived together, 3 after we got married and we didn't have children. Soon after we got engaged which was about a year before we got married he bought a flat in his sole name for the purpose of us living in and I moved in 7 months before the wedding and we ended up living there until 6 months before our separation.

6 months before we separated we bought a house in joint names and rented the flat out. I didn't contribute to the mortgage of the flat as he never agreed but contributed to the mortgage of the house for the 6 months duration I was living there. Soon after we got married he also bought a business which is a medical clinic and I helped him set up and was the secretary on it until we separated when he removed my name from the documents

our divorce was finalized last year which was almost 4 years after we separated and I went back to live with my parents since he refused to sell any of the properties for a long time.

Last year he sold the second house we bought just before we separated and he gave me half of the profit after paying off the mortgage and his mums contribution so I got around 80k

the flat has an equity of approximately 300k and the business is valued at I believe 150k

the issue I am dealing with is that he says that given that it was a short marriage I only had a claim on the matrimonial home which he believes he has settled and says I don't have any claim on anything else. Spoke to a couple of solicitors some advised that the case and some said the flat and the business should also be considered regardless because my lifestyle dropped significantly after we parted and after all these years I still live with my parents and I am in my 30s.

the other issue is that the separation was his idea and he put so much pressure on me to go back live with my parents which forced me to quit my job at the time and I was unemployed for close to 9 months during which he didn't support me at all so I was told I could claim that loss to income back

as you can see I am confused and don't know whether it is worth pursuing this or not. what is your view?

Many thanks

What income do you each have?

Customer: replied 1 year ago.

he owns his own business that makes I believe around 20k a month but not sure how much he pays himself. I make around 50 a year

What is your current housing position?

Customer: replied 1 year ago.

I still live with my parents, looking to get my own place but still not able to afford it

How much does a one bedroom property in your area cost to buy?

Customer: replied 1 year ago.

It costs around 200k

Just to check - you received £80,000 in settlement?

Customer: replied 1 year ago.

Yes profit from sale of the second house but wasnt a formal settlement, the house got sold and he transfered the money to me after he decided that was what i would get but there no solicitors or legal agreement, was what he decided.

Could you not use this to purchase a property with a mortgage?

Customer: replied 1 year ago.

I could but my question was given it was a short marriage is it worth making a claim on pther assets or not? I just wonder what would have been a fair settlement

One of the arguments that can be used in a short marriage is the housing needs of the parties - hence my question!

The fact that this was a short to medium length marriage , that you are well able to maintain yourself, and have funds which allow you to rehouse yourself should you wish

all weaken any claim that you might make.

HOWEVER it is clear that there has been no full disclosure and that you did make a positive financial contribution o the relationship.

In addition you were married or cohabiting for more than two years and you have no way of knowing how the sum you received was arrived at.

In these circumstances at the vert least I would suggest that you need to make it clear that you wish to pursue the matter at least up until there has been a full and frank financial disclosure

The starting point is to attend Family mediation together regarding this point.

Please ask if you need further details

Clare and other Family Law Specialists are ready to help you