divorce, who get what ?

magali

A friend has been married with is wife for 5 years .
He has his mortgage before getting married and his wife never payed toward it.

Now a solicitor told him that she can claim half of the property in case of divorce, is it really possible?
Second thing, if she want to divorce but him doesn't can the divorce go ahead?
(if she is responsible for the breaking of the marriage does it change something?)

Can anyone give him some good advices for not loosing what he works so hard for.

AndrewSmith

I was in a very similar situation, my ex wife not only got half the equity in my main home but I also had to sell my investment property portfolio of 6 properties to give her half of the equity in those as well.

If she wanted to divorce him, why would he not want to divorce her? the marriage is obviously over. All she has to do is wait 2 years and can then apply for the marriage to be dissolved under the 2 year separation rule, in which case he would have no real choice.

I'm afraid that whenever you marry or enter into a long term relationship, unless you arrange a pre-nuptual agreement stating what would happen financially in the event of divorce or separation, you are effectively handing over half of everything you own. It does work both ways mind you.


My divorce was fairly acrimonious and involved not only a solicitor, but barristers as well, and even my barrister could not stop her from claiming half my assets.

I would advise your friend to accept the advice his solicitor has given him, after all they specialise in Marital Law so should know the answer. It is also better for all parties if the financial arrangement can be worked out between them before it goes to court. Trust me, once the courts get involved the cost goes through the roof. My court costs alone were in excess of £9,500.


Andy

Bossyboots

She can claim half the property but that doesn't mean she will get it. It is accepted that assets should be split 50/50 but that is a starting point. It should then be balanced up and down according to length of marriage, contributions to the home (not just financial), the need to house any children, the earning capacity of each party etc.

A divorce based on two years separation can only be granted with the consent of the respondent. It is only after five years the divorce can go through with no argument unless the divorce would cause severe hardship to the respondent (an old clause, not really relevant in these days of ladies being able to work).