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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4358
Experience:  LLB (Hons)
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Unfortunately I may be getting divorced and the I wanted a

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Hi there - unfortunately I may be getting divorced and the I wanted a quick bit of advice...thanks Ian
JA: Where are you? It matters because laws vary by location.
Customer: Hi there, I'm in England
JA: What steps have you taken so far?
Customer: nothing yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I think that's it - just at the very beginning. Thanks Ian

Hi, I’m Lea and I will be assisting you with your query today.

Can you tell me what you want advice on please?

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Customer: replied 11 days ago.
Hi Lea - I was just wanting some initial advice on a divorce, specifically around the marital home?
Customer: replied 11 days ago.
Hi there - I'm happy with on line at present, thanks

Once the decree nisi is through either party can apply for a financial settlement. You can agree this together, via the use of a mediator, or if neither of those options work, via an application to the court on Form A. Both parties will give full financial disclosure of their assets on Form E, and the court will take into account each parties needs, the needs of any minor children of the marriage, and make a decision on those issues and the factors as listed in s25 of the Matrimonial Causes Act 1973 to determine how to split the assets. The starting point for a mid to long term marriage would be 50/50 with adjustments made according to the factors.

What will happen to the marital home will depend on what finances there are in the marital pot as the aim will be firstly to house the children until they are of age, and secondly to ensure both of the spouses are adequately housed if at all possible - and ultimately to have a clean break so you can both move on separately.

Customer: replied 11 days ago.
Background information - we lived together in Scotland for 4 years (in my house), My partner sold her property within the first year of her moving into my house and none of the equity remains from her property sale (£50,000). We have now been married for 11 years live in England during this time so we've been cohabiting for 15 years. I have always been the sole mortgage payer and it's just my name on the mortgage. When we got married I bought the matrimonial house for £250,000 with £100,000 deposit from the sale of my own house in Scotland. The equity during our married life in the house has now increased to £275,000. We do not have any children, I am 51 years old and my wife is 42 years old. I earn £85,000 and my wife earns £20,000. We both have the same potential earning capability, we both have degrees and we both have an MSc in Business management.I understand that the staring point for an equity split would be 50/50 - my question is what would be the initial advice for the split based on the above. I know there are other considerations as well inc pensions etc, but I would just like to look at initial guidance for the house in the first instance as this is the largest asset.
Customer: replied 11 days ago.
I meant to mention that the sale of my wife property funded her MSc and career break - it was not invested

You have a mid to long term marriage - starting point is 50/50. It doesn't matter who paid the mortgage or where the deposits came from. It's a marriage, all things are equal and if accrued during the marriage are considered part of the marital pot unless there are deeds of trusts stating the property is to be split in a different way.

It is impossible, in a Q&A forum, without seeing full financial disclosure from both of you, to suggest what your split might be - it is only possible to give you the starting point, and without children, and the discrepancy in your earnings, 50/50 seems the most likely with potential for spousal maintenance to her until she gets a better paid job (if capable).

Customer: replied 11 days ago.
Thank you for your advice and I note that you mention "accrued during the marriage"- the deposit for the house was accumulated out with the marriage, does this have any implication? My wife is capable of earning significantly more, she was runner up in the Scottish Business Women awards and she did some honorary lectures for Napier University. When we met our earning were similar within 15% of each other and then chose to earn less. Though I appreciate that without a full financial disclosure there is limited advice you can offer. So my question is how many mid/long term do not end up with a 50/50 split?
Customer: replied 11 days ago.
Sorry for the typo, I meant to say that my wife chose to earn less and took a lower paid job. Could you let me know what would need to be included in a full financial disclosure.

No, because it was put into the marital home.

If there were kids, then it would not end up being 50/50. With such a huge discrepancy in earnings, it may not be 50/50. She may get more of the assets to compensate or you may be ordered to pay spousal maintenance for a period of time.

You can review Form E here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

SASH_Law and 2 other Law Specialists are ready to help you
Customer: replied 11 days ago.
OK, thank you for you advice

You're very welcome.