Maintenance does it apply to me?
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Anadin
Posts: 3 Newbie
Dear mse's
My soon to be ex wife is living with her parents, always has and has never lived anywhere else. she claims that I stole money from her when we where together totaling 1000. This was money in a joint account that we shared and put into the joint account to cover us for bills we found we could not pay with the ultimate goal of buying a house or flat together with it. This money was part of her inheritance that she had before the wedding and after the wedding moved it into the joint account.
My solicitor said that because this money was left in a joint account she has no entitlement to claim it back since she has chosen to share it with me. Any money left in the account would be shared equally by a divorce court. I have chosen to let her have the majority of it and keep what I have put in during the two months at my new job. We had 4500 in the account. I took 2000 which is what I saved in those two months before I discovered that she had cheated (she was in an emotional affair and actively pursuing a relationship behind my back which I discovered but didn't know about it becoming physical until separation day). She agreed on this and it has been an month without any money disputes. I forgot about a direct debit that I had set up to put 150 into the account at the start of each month and she took that without giving it back claiming she was entitled to it under her inheritance. So I let it slide.
Now I have tried to sell my wedding band to help pay for the divorce as she now refuses to pay her half of it as she promised me. She asks me to pay her 1000 because her inheritance says she should have 3500, out of the 2500 she has sitting in her account, which I don't understand as she originally spent it on a car and to help fund the wedding. I spoke to a solicitor who told me that she is not entitled to the money because she put it in that account and chose to share it with me. So she has no claim to it. She didn't like what the solicitor has said.
She is refusing to sign the divorce and court order form unless I pay her 1000 or "I will regret it!" as I have much more to lose apparently.
I have a feeling she wants maintenance as she has asked for it previously and because we where on amicable until now we agreed not to do it. Now she has changed her mind and is being horrible I worry she wants to get maintenance out of me.
What happens with regards to this? Because she cheated and I am terminating the marriage of 1 year due to adultery Is she entitled to any?
My soon to be ex wife is living with her parents, always has and has never lived anywhere else. she claims that I stole money from her when we where together totaling 1000. This was money in a joint account that we shared and put into the joint account to cover us for bills we found we could not pay with the ultimate goal of buying a house or flat together with it. This money was part of her inheritance that she had before the wedding and after the wedding moved it into the joint account.
My solicitor said that because this money was left in a joint account she has no entitlement to claim it back since she has chosen to share it with me. Any money left in the account would be shared equally by a divorce court. I have chosen to let her have the majority of it and keep what I have put in during the two months at my new job. We had 4500 in the account. I took 2000 which is what I saved in those two months before I discovered that she had cheated (she was in an emotional affair and actively pursuing a relationship behind my back which I discovered but didn't know about it becoming physical until separation day). She agreed on this and it has been an month without any money disputes. I forgot about a direct debit that I had set up to put 150 into the account at the start of each month and she took that without giving it back claiming she was entitled to it under her inheritance. So I let it slide.
Now I have tried to sell my wedding band to help pay for the divorce as she now refuses to pay her half of it as she promised me. She asks me to pay her 1000 because her inheritance says she should have 3500, out of the 2500 she has sitting in her account, which I don't understand as she originally spent it on a car and to help fund the wedding. I spoke to a solicitor who told me that she is not entitled to the money because she put it in that account and chose to share it with me. So she has no claim to it. She didn't like what the solicitor has said.
She is refusing to sign the divorce and court order form unless I pay her 1000 or "I will regret it!" as I have much more to lose apparently.
I have a feeling she wants maintenance as she has asked for it previously and because we where on amicable until now we agreed not to do it. Now she has changed her mind and is being horrible I worry she wants to get maintenance out of me.
What happens with regards to this? Because she cheated and I am terminating the marriage of 1 year due to adultery Is she entitled to any?
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Comments
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She also hasn't got a job presently and we have no dependants. Sorry for double post, website is not mobile friendly0
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If she wanted maintenance she would have had to have asked for it before the court papers were prepared. Her solicitor should be telling her to sign the court paperwork, they will want paying and if the case hasn't gone to court they won't get paid unless your wife wants to pay them so they are all the pressure you need. You just have to wait. Say nothing to your wife and get on with living a decent life without her.
Good luckThe comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
How long were you married for?0
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From what my friend was told when she divorced, spousal maintenance is quite rare.
And she was a Mum of 2, youngest being 7 or so.
Does your wife work?
You speak of 'inheritance'.
Who left your wife this money?
Blame (or reason for a marriage ending) does not matter.0 -
How long were you married for?
One year. ............I am terminating the marriage of 1 year due to adultery
OP she has pretty much no chance of spousal maintenance, and I would say she has more to lose than you, she has already had more than she is entitled to of her 'inheritance' back.Accept your past without regret, handle your present with confidence and face your future without fear0 -
Spousal maintenace is relatively unusual. In a short marriage (and I gather youwere only married for a year) the normal rule is that you each take out what you put in.
The risk is that if you don't have a formal court order now, providing for a clean break, there is the possibility 9not huge, but still a possibiltiy) that she might make a claim against you, or you aginst her, in the future.
The financial settlement is different to the divorce. If she won't cooperate with the divorce then I would suggest tht instead of issuing a petition based on her adultery (where you would need her admission of adultery as proof_) you issue based on 'unreasonable behaviour' citing that she formed a relatinship with another man, if she doesn't sign the paperwork then you can arrnage to have her personally served and carry on.
All that said, the amounts of money involved here are very small compared with the cost of going to court to gfight over them.
What is the cost of the divorce? I t may be worth putting a one-off ofer to her.
State that she has sought £1,000, that she is not entitled to it as the money was in a joint account and the original £3,500 was reduced by £x that she spent on a car and £y spent on the wedding, and that you were paying into the joint accoutn as well.
Set out the amounts she has already recieved (jncluding the £150 she withdrew) and the amoutnsd you have recived.
Set out the cost of the divorce and propose to offset that against her claim.
So if she says that she wants £1,000, your offer might be £1,000 - £150 - 50% of the divorce costs.
Make clear thatyou will pay her that net amount upon receipt of the signed acknowledgment of service forms and a signed consent order.
Bear in mind that going to court to get a finacial order sorted will cost a lot more than £1,000 so if you can't come to a n agreementyour options are to spend morethan that fiting the issue, or to have no order and risk that she may try to make a claim agaisnt you at some later point.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
I can understand that it's perhaps useful to get the views and experiences of others OP but as you've been in touch with a solicitor surely that's the best person to ask for advice?0
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