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Clare, Solicitor
Category: Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi- have returned Acknowledgement of Service agreeing to

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Hi- have returned Acknowledgement of Service agreeing to divorce from my husband of 25 years on the basis of two years separation - I disagreed with his statement on petition that he was away always due to work commitments - as I know that some six months of this time involved him sorting out his mother's estate in Hungary (his birth country) - I had suspected that he was in this time establishing a new relationship - which has since been confirmed to me by our 23 year old daughter who was resident in Hungary at the time - I have no wish to defend the divorce nor am I in a position to file independently on the basis of his adultery - I am 59 years of age on a low income as a nursing assistant and in weak general health - he has stated that he will make periodic payments to me / lump sum / pension share This confounds me as he always stated that he would never part with any of his hard earned pension rights - one of the reasons our long marriage failed was his fractured income due to job changes and failed business venture - I am still resident in our jointly owned property paying my half share of the mortgage payment on an interest only basis - the equity in this house is not good - less than £70,000 for sure - earlier last year he suggested that I could 'have' the house in exchange for divorce - now this situation appears to have changed - I am convinced that he will not make full financial disclosure and have now learnt that he is in fact co-habiting in the UK with his Russian lady partner I want nothing more than the equity from the sale of our home and a clean break from my husband now Please advise me re what I should do next - up until this point I have acted independently and am facing financial hardship

Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Customer: replied 3 years ago.

The house is worth approx £230,000 - mortgage outstanding £165,000

We have no other assets - I am on low wage income - I work 30 hours per week in nursing assistant role - receive working tax credits of £36.00 per week

My husband is a Telecomms Consultant currently employed in a contract position earning between £400 -£500 per day

His income throughout our marriage was never secure - leading to

bad money management on his behalf which contributed to our estrangement

There is a charge on the property following my husband's non payment

of a judgement against him in the sum of £2,500.00

What private pension provision do you each have?
Customer: replied 3 years ago.

I have no private pension - my husband has provisions the details of

which I am unable to disclose - as explained our lengthy marriage has

been difficult due to the inconsistencies in his earnings - whilst well qualified in his field he was/is a loose cannon individual who struggles

with conformities - we have both suffered personal tragedies inc the

suicide of his terminally I'll younger sister (no other siblings) the loss

of his mother following this tragedy - he was from a broken home his

father was divorced by his mother after 25 years of marriage

I struggled with my own issues inc non fault road accident where a lady

motorcyclist died beneath our land rover in fullview of her husband and daughter who were travelling in the vehicle behind her - such matters

surrounding pension provisions were not my priority - I had fully expected

to remain in my marriage as we both share a strong and enduring love of our child - now reaching 24 years of age - Olivia

The tragedy now is that my husband is fragile mentally and whilst he has never

been violent towards me - I consider that his treatment of me is emotionally abusive as he seems to be under the influence of his new partner - a neurologist

by profession whom he has taken in here and is supporting her in completing a language (English) Course -I understand from our daughter who has been introduced to her that the intention is that she will attempt to set up a practice in the UK eventually

Is he making any payments towards the mortgage or the house expenses at the moment?
Customer: replied 3 years ago.

Mortgage payments originally set up in our joint account - which he

requested closure of in Jan 2014 - at which point he continued payment

from a sole account - I have been forwarding half the sum I.e. £90 per month - low payment interest only - to him by cheque

However plumbing was required in the house in December and with his refusal to contribute I was compelled to pay £277.00 cash at short notice

I withheld my December mortgage contribution on the basis that the

works were vital and not of my making

Throughout our marriage in times of my earning - all my money made

went to our joint account - I have statements to show this

My husband however appears to believe that he paid for everything

and now expects a cash return on the sale of our (my only home)

He is also paying a joint life insurance premium £80 per month and

house insurance - a few hundred pounds per year

I am not in good health - I have bilateral hearing loss prescribed hearingaids -autoimmune disease on repeat tablets yet work some

7 days a week in order to get me through this change in my life

It should be appreciated that it was partly my expectation that to remain

as a family we might have moved abroad together in our later years which contributed to my laissez faire attitude to our connection

Do you know what he earned in total last year?
How much would a one bedroom property in your current area cost to buy?
Customer: replied 3 years ago.

I apologise for the delay in getting info back - £50,000 before UK tax - he is currently working in a Principle Telecomms Role within the Oil and Gas Industry my husband is fluent in Russian and it is my belief that he earned monies in Moscow and most certainly Hungary last year - as I am receiving mail from the Hungarian income tax department

His state of mind is of great concern to me because such mail is not being

addressed by him - in fact all official mail for my husband is still being received at our marital

Are there any other assets abroad that need to be considered?
Customer: replied 3 years ago.

It is my understanding that my mother-in-law died without leaving a will

her two bedroomed apartment in Heviz Hungary is in a sought out area

on the Lake Balaton - my husband and the son of his late sister - his nephew 19 years old are engaged in clarifying ownership / sale or occupancy

I am given to understand that my husband is seeking divorce from me

to free himself up to re-marry - as his prospective wife is a professional

lady medic widowed and in her mid fifties - I am expecting that the

apartment will be secured by them in the near future

This could be seen as conjecture only on my behalf however as my

husband refuses to discuss his personal life with me - we no longer

communicate and our daughter has sadly detached herself from him and

his new partner - because they had asked her not to tell me about the

seriousness of their relationship

The starting point for division of the assets including the pension is 50/50 - and the difference in your incomes means that Spouse maintenance is also a possibility
If you are willing to give up your claim for spousal maintenance it would not be unreasonable for you to receive the full amount of the equity - plus a Pension Sharing Order.
Your starting point is to try and discuss matters with your ex using Family mediation
If that fails then you can make an application for the Financial Issues to be dealt with within the divorce proceedings
Please ask if you need further details
Clare and other Law Specialists are ready to help you