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divorce

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  • Mrs_justjohn
    Mrs_justjohn Posts: 1,245 Forumite
    I am not sure I fully understand either unless I have missed something.....but when I separated I saw a divorce lawyer and in simple terms I was told this.....(obviously there are exceptions I am sure but it was interesting to find that my EX had been told exactly the same thing by his solicitor too.....)

    All debts in both/either names go in a pot...all assets in both/either names go in a pot This gives you a net marital 'worth'. In general the partner who has the children gets a portion of the pot that they will require to maintain their childrens standards of living and then the left over debt/credit is split between them.

    This is very simplistic and I am sure there are variances to this but in general that is the 'starting' point??
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am not sure I fully understand either unless I have missed something.....but when I separated I saw a divorce lawyer and in simple terms I was told this.....(obviously there are exceptions I am sure but it was interesting to find that my EX had been told exactly the same thing by his solicitor too.....)

    All debts in both/either names go in a pot...all assets in both/either names go in a pot This gives you a net marital 'worth'. In general the partner who has the children gets a portion of the pot that they will require to maintain their childrens standards of living and then the left over debt/credit is split between them.

    This is very simplistic and I am sure there are variances to this but in general that is the 'starting' point??


    Thats what I thought.

    But not according to the Op and some posters.

    I am confused!
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    justjohn wrote: »
    its ok we understand you are shallow.

    Shouldn't that be:-

    "It's OK, we understand that you are shallow." ? :D
  • janninew
    janninew Posts: 3,781 Forumite
    POPPYOSCAR wrote: »
    So your saying that even if you are married and one partner has money in their name only the other partner has no right to any of it?

    I am still struggling to get to grips with this, so please bear with me!
    When my OH got divorced he had an asset in his name after it was sold and the loan paid off he had to give his wife half of the balance.Why was that then when it was all in his name?

    That's what happened when I got divorced. Me and my ex had to sell our home and the profits were split down the middle. My ex had a loan of 5,000 and this was paid out of both our shares of the profit from the house sale, even though the loan was only in his name.

    OP you need some legal advice, your ex can't keep all the marital assets and you get left with the debts, it doesn't work like that.
    :heart2: Newborn Thread Member :heart2:

    'Children reinvent the world for you.' - Susan Sarandan
  • janninew
    janninew Posts: 3,781 Forumite
    tbw wrote: »
    Well, at the risk of being shot down in flames, it doesn't seem to work quite like that - especially if you are a man with or without children and your wife decides she wants out of the marriage. I have at least 2 friends whose ex wives have literally grabbed nearly everything . Historically, women wanting out of a marriage had a very hard time but the pendulum seems to have swung very much in the womans favour now. Women frequently get to stay in the house, get the outstanding mortgage paid, pretty good maintenance, the family car, half of all banking/savings accounts and any other assets and also keep all of whatever they may have stashed away without the husbands knowledge plus what may be quite valuable jewelry.

    The balance now appears to favour women.

    This may be true if you have children and split from your wife, but if you have no children, things are pretty much split down the middle, everything is shared. I speak from my own experience. I didn't get to stay in the house, it was sold, I didn't get the family car, that was sold and the money split equally. I also didn't want 'out' of my marriage, my ex had an affair, this had no bearing on what I received though, it was still split right down the middle.
    :heart2: Newborn Thread Member :heart2:

    'Children reinvent the world for you.' - Susan Sarandan
  • willow_loulou
    willow_loulou Posts: 1,067 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I can just assure you all that as a very nearly divorced person that women with the kids dont come off best!! I get nothing from him in anyway to support his children, I wont get a penny from his pension because its actually a property he bought with his dad (and I helped pay the mortgage on) He lives a nice comfy life whilst I battle to clear my credit card debts I ran up just feeding me and the children in the almost 23 months it took for the benefits agency to understand I wasnt getting any help from him and for the DLA to recognise my claim. Life sucks sometimes I hope you get some decent advice xx
    Life happens, live it well.
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