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ReadyLaw
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Category: Family Law
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What would be a typical pay Out on a divorce if the divorce

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What would be a typical pay Out on a divorce if the divorce happens in year 1 of marriage no children wife independently works, 2 years of cohabitation before and the husband owns businesses worth 3mln and the wife owns no businesses but earns. No joint bank accounts no property owned
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No this is hypothetical
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do they live in?
Customer: London
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good day your 0question has been forwarded to me to see if I may be able to assist.

Customer: replied 7 months ago.
Great

Give me a minute to type a response.

Customer: replied 7 months ago.
Can't speak on a phone call

That was an automated prompt by the system. Please give me a minute to type.

Thank you for your patience.

In deciding whether to make any orders for payment the court will have regard to the following ( this list not being exhaustive):

"(a) 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;

"(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;

(c)the standard of living enjoyed by the family before the breakdown of the marriage;

(d)the age of each party to the marriage and the duration of the marriage;

(e)any physical or mental disability of either of the parties to the marriage;

(f)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;

(g)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;"

You will see therefore that one of the factors the court considers is the duration of the marriage and the earning capacity of the requested parties. Therefore, in your case, if your wife were to ask to be maintained, the court would consider her earning capacity and the likelihood of her being disadvantaged as a result of the marriage and the standard of living she has become used to. I would not do you or myself any justice by coming up with a imaginary figure as to what she may be able to claim for maintenance for herself. Based on the information given however, it seems it would be very minimal.

With respect to the business. I do not see her successfully making any claims in relation to it. For her to successfully, make a claim in this regard, she would have to demonstrate that she contribution to its success etc. over the duration of the marriage. A significant factor in this regard is the fact that your marriage was short lived. Of course, if she was able to show the court that she, for example, invested in the business then it is likely that she would be able to make a claim in relation to it.

I would however recommend, particularly in this circumstance for you to suggest mediation. So that you can resolve things amicably nd come to some form of agreement before commencing proceedings. You may locate a local mediator by clicking on the below link:

https://www.gov.uk/money-property-when-relationship-ends/mediation

I hope I was able to help. Kindly let me know if I may be of further assistance.

Kindly indicate by clicking on the stars at the top of the screen whether you have accepted the answer given.

best wishes

RL

ReadyLaw and other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
Ok thanks

You are welcome