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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17225
Experience:  I have been practising for 30 years.
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I have been married for 35 year. There has been domestic

Customer Question

I have been married for 35 year. There has been domestic abuse with my husband being arrested several times and found guilty of assault once. Now he says if I want to divorce him then he will claim half my assets ( I inherited a house from my mother) but I can claim none of his income (£50k him £17k me) post divorce. He has recently taken his pension and does some part time work. Is this true
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Worcester
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We have two children... the younger is at university.
Submitted: 8 days ago.
Category: Law
Expert:  F E Smith replied 8 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

all his abuse is recorded with Police and courts?

why does he think he can take yours and you cant have his?

is this 'threat' also part of his abusive behaviour?

do you live together?

Customer: replied 8 days ago.
In order ...1. yes, 2. I think he may have been advised by his 'pension consultant' that if he takes his pension as income, then I am not entitled to any of it.... but I'm not sure. 3. Yes ... there has been financial control. 4. Yes ...
Expert:  F E Smith replied 8 days ago.

The starting point for the division of marital finances is 50-50 and it is then adjusted up or down, one way or the other, in favour of one partner or the other depending on what the individuals put in at outset, the length of marriage and the time together before marriage, the needs of the individuals after the divorce, what savings, assets, pensions et cetera there are and also the ability of each person to work after the breakup.

The time which a couple are together before they get married will be taken into account because it would be grossly unfair if someone had been together for 30 years and then split up after being married for 12 months to have the finances treated in the same way as a couple who had got married not long after they met and were then divorcing after just 12 months.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but the bulk would be 50-50 and therefore one person may keep the house and the other for example could have the savings and the pensions.

So what he is saying is actually not correct although you can’t touch his state pension..

Whether he could claim any of your inherited assets/wealth would to a great extent depend on when they were inherited and what other money there is to satisfy the needs after divorce.

Here is an article on exactly this subject:

https://www.stowefamilylaw.co.uk/blog/2011/05/18/what-happens-to-an-inheritance-in-the-event-of-divorce/

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES

Customer: replied 8 days ago.
Thank you ... you mention that I can't touch his state pension ... we both stand to receive these in two years time. We are both in receipt of a private pension ... but his is substantially greater than mine because I changed careers anf took a 50% pay cut to raise the children.... ie to fit in around their school lives. Would we share the income from both private pensions.?
Expert:  F E Smith replied 8 days ago.

Pension is income just like any other although the state pension is a statutory entitlement and that cannot be taken away.

If he wants all his pension, then you want to offset it by having something else such as a bigger share of the house.

Customer: replied 8 days ago.
Thank you.
Expert:  F E Smith replied 8 days ago.

No problem at all. I am really glad to help. Come back to me at any time if anything else needs clarification. Kind regards