Divorce in N.I.

jtk174

rav1962 wrote: »

I thought everything was 50/50 and a bit more for the parent with care which is me. I have refused this offer but looks like ive got a fight on my hands

Advice would be greatly appreciated.

Any documented cases I have looked at have not been a 50/50 split, as the Judge ( Master ) looks at various criteria. There are quite a number of cases listed on the N.I. Courts website that you can look through to get a feel for how its all worked out. Even so, it appears there is no hard and fast rule to how the division is made! Thats something which I still have problems with.

At the beginning of each case you will see the total assets of both parties. It doesn't matter where the assets come from, property, pension, inheritance etc. The Master not only looks at assets but also the conduct of both parties throughout the process ( its not a good idea to try and hide facts from the court! ), how long the marriage has been and if there are any children involved.

Towards the end of the Judgement document, the Master goes into the reasonings, reference to similar cases and then details of the award. Sometimes the actual percentage split is given and sometimes just the monetary amounts, so you have to work it out.

Here's a bit of an example, the total assets in the case were £701,000 ;

45] The starting point for the division of matrimonial assets is that after a marriage of some duration, each party can reasonably expect to receive a half share. However a party’s share may be increased up or down, but only on a strict application of the Article 27 criteria. On the facts presented to me, and taking into account the following factors :
(i) The incomes and earning capacities of the parties;
(ii) The current and future needs of the wife to establish herself either in Iran or in Northern Ireland ;
(iii) The short duration of the marriage which, as Baroness Hale observed in Miller v Miller, McFarland v McFarland [2006] 3 All E R 1, may justify a departure from the yardstick of equality of division in cases where (as in this case) the assets are not assets generated by joint efforts of the parties ; and
(iv) The financial conduct of the husband ;

I conclude that it is appropriate to award the wife £328,000 from the assets (which includes a sum of £8,000 with which to repay the remainder of the loan made by her parents). From this amount I am deducting the sum of £10,000 which was released to her as an emergency need payment on the final day of the hearing. The net award to her is therefore £318,000.


Of course your solicitor and barrister if needed should advise you on this. However I know from experience this is not always the case, but they will charge you no matter what their input.
Bear in mind that everything a solicitor does is charged for. Every phone call, every letter, travelling time etc and then charge a bit more for things they don't go in to detail about.
Keep notes on everything. Write down verbal conversations as soon as you can, otherwise, you won't remember half of what was said 2 years down the line.

jtk174

As a follow up to my last, here are a couple of links from the Courts website ;
http://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/PublishedByYear/Documents/2004/Master%2035/j_j_Master%2035.htm

http://www.courtsni.gov.uk/en-GB/Judicial%20Decisions/PublishedByYear/Documents/2009/2009%20Master%2064/j_j_Master64Final.htm

As you will see, each of these will refer to other cases and you may find that some of these are closer to your own circumstances.

Hopefully, it will provide useful information.