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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10719
Experience:  I have been practising for 30 years.
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I've been married just over 20 months and found out my

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I've been married just over 20 months and found out my husband has cheated throughout. Can I start divorce proceedings now and what would I expect in any settlement. ( I moved out Oct 2017)
Thank you
Diane Graves

Hello for clarification - how long did you know him before you married?

any children?

is there a property?

Customer: replied 5 months ago.
Together since January 2014. No children together. I moved into his house august 2015 and contributed 50% to all bills, mortgage, household puchases, holidays etc.
Customer: replied 5 months ago.
I have had a settlement agreement drafted to be reimbursed monies spent in good faith during marriage to repay my 50% contribution. If you have email address I can forward it?

Your question is a bit like asking, “can I buy a car, how fast will it go, how much will it cost, and how many miles to the gallon will it do?”I will need some more information from you but I will come back to that shortly.

You get divorced after you have been married for 12 months on the grounds of Adultery or unreasonable behaviour.

Adultery is very difficult to prove unless he admits it. It’s easy to cobble together a divorce petition for unreasonable behaviour. Smelly feet. Personal hygiene. Bad with money, obsessed with money. Bad tempered. Drinks too much. Stays in all the time. Never goes out. Goes out all the time. Flirts with other people. Is secretive on the telephone. Has dozens of women friends. Shouts and screams. Intimidate you. Really easy to put together unreasonable behaviour.

It doesn’t matter who divorce is who or for what, it doesn’t affect the financial settlement.

It also doesn’t matter who moves out of the marital home, that doesn’t alter the financial settlement either, but of the houses to be sold, it can make the person who remains in the property a little more reluctant to actually deal with a sale.

If you can tell me how long you have been together before you got married, what financial assets there are and how much each of you put in to the married and the house, and whether it’s in joint names or sole name, the value and any mortgage outstanding, I can answer further along with any specific questions you may have.

Customer: replied 5 months ago.
Met jan 2014. Moved into his house Aug 2015 ( gave up my own) married June 2016. Savings him £120k. Me £15000. Ive put approx £20,000 which is all i want back. House sole name, his. Outstanding mortgage approximately £70,000. Valued at £145,000 currently.

Thank you. There is about £75,000 of equity in the property and he has a massive chunk of savings and your savings are minimal.

If I were advising him with the assets that he’s got and that you said that you would settle for £20,000, I would tell him to get his cheque-book out and get a consent order signed and sealed and get the divorce underway before you had time to change your mind! I think you have a more substantial claim. Not a fantastic amount but certainly more than you’re asking for and that’s why I would tell him to take your arm off before you change your mind.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 5 months ago.
I was told by a friend that any savings he had prior to our marriage I wasn't entitled to and with house been in his name, no claim on that either?

Broadly speaking that’s only correct for a short marriage.

If you had been married for 30 years, it would be grossly unfair for you to have no claim on this.

If you met and married very quickly and you would only known each other 12 months, it would be grossly unfair you to have a large claim on it or indeed, any claim at all.

Yours is a short marriage as I have already said and it could well be that any claim you make against his assets (you did get married although the old vow “with all my worldly goods I thee endow” doesn’t actually work in law) would cost more in arguments if you are using solicitors then you are actually arguing over. If you are happy to walk away with £20,000 the last thing you both want I am sure is an argument over a few thousand which is why I suggested he walks away gracefully.

If you want to use the reciprocal argument, he has no claim on your £20,000.

Customer: replied 5 months ago.
he has no claim on the £20,000 I am trying to claim you mean?Diane

What I’m saying is that he has as much claim on your £20,000 as you have on all his assets and savings.

That’s why said if he’s got any sense, he will get his cheque-book out and readily agree to give you your money back.

Customer: replied 5 months ago.
I only have £15000 in savings. The £20,000 is the figure I want reimbursing.

I know. You told me that you put £20,000 in and that’s why I’ve suggested that if he has any sense, he will readily let you have that back. In the whole scale of things with all his assets, it is minimal.

Customer: replied 5 months ago.
Thank you. I feel little more confident now. I simply want my money back. He is the one committed ( and admitted) continuous adultery through our marriage ( and before) I only want my fair share back

I am glad to help.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Good morning, if he refuses to pay my settlement request and I file for divorce on grounds of adultery, what figure 'could' I expect to get?

It doesn’t matter who divorces who or for what reason, it doesn’t affect the financial settlement. As I have said already, in my opinion, you would get at least what you are asking for and probably more.