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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8978
Experience:  Barrister at law
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My husband has just been diagnosed with ptsd, our savings

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Hi, my husband has just been diagnosed with ptsd, our savings have always been in my name and now he is demanding I give him half of the savings for himself. Im thinking I probably need a legal afreement
JA: Where are you? It matters because laws vary by location.
Customer: wales
JA: What steps have you taken so far?
Customer: None as I’m unsure of what to do. I’m worried that if this heads to divorce then he will be entitled to half of what’s left if he spends all of his
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: our relationship is not in a good place at the moment as we had an incident where I slapped his arm two years ago and it’s brought back childhood memories of abuse (which I knew nothing of) we have been married 36 years

Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.

I’ll review and come back to you as soon as I can.

Customer: replied 14 days ago.
Thank you

Can you confirm what he has asked for the money for? Is he intending to spend it, or is he simply wanting 'ownership' of his share of the marital savings?

Customer: replied 14 days ago.
No thanks, I’m deaf and don’t do well on the telephone

We will carry on via the typed response, of course. Can you respond to my additional questions above please?

Customer: replied 14 days ago.
He just wants ownership of his half although he is constantly purchasing things online and has a regular spending habit whereas I am a saver

Thank you for confirming.

The difficulty is that you both own the savings equally. There is no separation of assets under marriage law in England and Wales.

So dividing it into your half and his half is a little arbitrary.

In a divorce, the court could only divide what is left in the pot.

If you could show that he had been reckless though, with a spending habit, you could argue to retain your share of the savings that are left over if he has spent all of his 'share'.

It would depend on the view of the judge as to what the outcome would be.

There's really no legally binding contract you could make that would protect you in this situation - pre-nuptial and post-nuptial settlements are not binding under UK law as the law stands today.

You could write a short agreement that you both sign to the effect that he is taking responsibility for his share and won't claim on your share, but it won't be binding in a divorce unless the judge feels that it is fair in all of the circumstances.

I hope that this clarifies the law for you? Can I assist further?

Customer: replied 14 days ago.
Thank you very much for your help

My pleasure, happy to have been of assistance.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.

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