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JeremyT1020
JeremyT1020,
Category: Family Law
Satisfied Customers: 473
Experience:  Expert
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Need to discuss option for myself as wife wants to leave me,

Customer Question

need to discuss option for myself as wife wants to leave me
JA: Where are you? It matters because laws vary by location.
Customer: birmingham uk
JA: What steps have you taken so far?
Customer: we are seperated for a couple weeks - have not been initimate and now discussing finances regarding divorce
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: she earns more money than me, her name is ***** ***** marital home deed and council tax - i have apid gas,electric and tv+broadband
Submitted: 14 days ago.
Category: Family Law
Customer: replied 14 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 14 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 14 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 14 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JeremyT1020 replied 14 days ago.
Good afternoon and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be happy to offer some guidance.For the record, I cannot take a telephone call until later this evening. If you do need to discuss the matter by telephone urgently, please let me know and I will opt out.First and foremost, how many years have you been married? Do you have any dependent children? What are the matrimonial assets involved (home, pension, savings, etc). Thanks, J
Customer: replied 14 days ago.
hi no its fine i do not need a call urgently at this stage as i have learnt i only get 2 calls currently4 years marriage - 06.08.2017 - to now
no children
we do have a dog - 11 years old and ive been apart of his life for 8.5 - total time of relationship including marriage
house - deposit gifted by father in law as wedding gift - which she is disputing now and claiming that he gave it for our dog but my mother advises that she was told that it was apart of the dowry (indian tradition) which we did not want
pension - neither are quite large/signifcant - probably a couple thousand for her and mine £1200
savings - not entirely sure for wife as she has seperate saving account which i have never had the need to ask but i think she has £20k
her father i am aware has 4 other daughter and he has got saving bonds in all their names too but i have no further information regarding this
all her gold which has accumulated plus her wedding gifts are at her parents house - no actual value know
we have 2 cars - she has bought her new car in January and i was gifted hers however as i was unaware of her wanting this the registration of vehicles remain in her name but i maintain mine and she herswe have recently got a kicthen and housework done for which she has taken 20k loan in her name but i have been contributing half payments towardsi have an IVA which she is unaware of which is due to finish on nov 23 - she is aware i have bad credit but is not aware ive consolodated my debts which were in the excess of 20k but i pay £77 per monthnot sure what else needs to be advised?
Expert:  JeremyT1020 replied 14 days ago.
OK, thank you for that additional information. The starting point for any financial division is a 50:50 split of the matrimonial assets (known as the "yardstick of equality"). It is modified by dependent children, the length of the marriage, respective ages, health, income differentials, pension provision, standard of living, needs and fairness.You and your wife will probably need to have financial disclosure whereby you each complete a Form E (with attached financial info such as bank statements, property valuations, debts, etc.) and exchange them with one another. From that, you can work out the extent of the matrimonial assets and how to divide them.It seems to me you've had a short marriage and there's no children. In those cases, you'd probably split the assets you've acquired together 50:50 (unless somebody has injected a lot of cash into a marital asset), otherwise, you'd probably take back what you'd put in.It's very difficult to give anything other than general advice as I do not have lists and values of your assets. Furthermore, the experts can only give general advice on Just Answer.
Customer: replied 14 days ago.
would i still have entitlement to the maritial home, if the mortgage is under her name and she has made all payments?
she has injected the more money in to the property and made all purchases therefore would i have any claim on that
in regards ***** ***** savings and gold and potential bonds in her name - would i still be entitled to ask 50% of that?
if i make an verbal agreement now with her, would that be final or could i agree to a less amount now but then ask for more later once divorce proceedings have started?
Expert:  JeremyT1020 replied 14 days ago.
If it's not in her name, you will need to register a Home Rights Notice against the property by sending completed Form HR1 to the Land Registry. It will also give you some bargaining power as she cannot sell or remortgage the property without you releasing the notice.
Expert:  JeremyT1020 replied 14 days ago.
Ultimately, if the assets were acquired during your marriage, they are matrimonial assets.
Expert:  JeremyT1020 replied 14 days ago.
If you reach a verbal agreement now and then go back on your word, that would be considered pretty low if she took the matter to court. If you'd had financial disclosure, reached a verbal agreement and then reneged on it, you could be "estopped" if she was able to prove the agreement and it went to court. The agreement would likely be approved as the courts take a dim view of people renegotiating agreements last minute simply to try and gain the upper hand.
Expert:  JeremyT1020 replied 14 days ago.
That's why it's important yiu have FULL financial disclosure now.
Expert:  JeremyT1020 replied 13 days ago.
Good evening. I can see you didn't respond to my last reply so I trust you are satisfied with my answers to your question. If you do need any further assistance, please let me know. Kind regards, J