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Peter Collins
Peter Collins,
Category: Republic of Ireland Law
Satisfied Customers: 6597
Experience:  Barrister at Self Employed
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My wife has started divorce proceedings in the UK. I have a

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My wife has started divorce proceedings in the UK. I have a history of mental health issues and the pressure of this process is now too much for me to continue with. What are the implications for me, I have assets of approx £2.2m
JA: What steps has your wife taken? Has she filed any papers in family court?
Customer: yes we are into picking apart our Form E’s. The additional info requested is too much for me to tackle
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your wife live in?
Customer: Holborn, London. Central Family Court. Wife lives in Ireland, lawyer is in London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I’m at my wits end with this!

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm just reviewing your question.

How can I help with this? Do you have a solicitor instructed to act for you?

Customer: replied 6 months ago.
Answer my question please: I have a history of mental health issues and the pressure of this process is now too much for me to continue with. What are the implications for me to walk way, not engage for my own well being - I have assets of approx £2.2m. Yes I do have a solicitor, but want a second opinion

Are your assets all accrued post marriage? Do you have children under 18 of the marriage?

Customer: replied 6 months ago.
No, all assets accrued pre marriage. 2 children under 18.

OK. The starting point is that the pre-marital assets should be excluded form a settlement, but the dependent children and your wife's potential weaker financial position (assuming she is the main carer for the children, which I appreciate is a general assumption and please correct me if I am incorrect) do suggest that the premarital assets are vulnerable to a claim.

All assets accused during a marriage, including saving sea d pensions, would be a joint asset. Everything else is in they grey area where the court has to look at the issue of need and expectations before deciding whether they can or should be included in the settlement or not.

Walking away at this stage means that you are not in control or perhaps even part of the final solution/ outcome. If it's too much for you to deal with, instruct your solicitor to deal/ negotiate on your behalf. The cost benefit of this will far outweigh the potential damage to your assets if you do not engage in the process and the court makes orders in your absence.

I hope this assists?

Customer: replied 6 months ago.
It does, thanks very much for the advice.

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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