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Undeclared money
Comments
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Not sure if you and Mojisola have missed this bit but.... the financial gain has occurred after the separation therefore is there not a reasonable case for the monies to be treated differently?
The problem is that common sense and the law don't always go hand-in-hand. I think the law sees all gains as marital gains until the divorce.0 -
I must have done. Can you please point out the bit in his quote below where he says the financial gain has occurred after the separation?Not sure if you and Mojisola have missed this bit but.... the financial gain has occurred after the separation ..........
(Not that it makes any difference because he is pretty clear they are not divorced, and apparently doesn't know whether she wants a divorce)frank_burns wrote: »A friend of mine is separated from his wife and has been left 20K by his late father. He wants to take the 20K out of his bank so his wife wont be entitled to it. Where can he put the money without declaring it? Especially if she wants a divorce soon.“It is difficult to get a man to understand something, when his salary depends on his not understanding it.” --Upton Sinclair0 -
Glen_Clark wrote: »(Not that it makes any difference because he is pretty clear they are not divorced, and apparently doesn't know whether she wants a divorce)
There is always going to be a period of time between a couple deciding they can't live together any more and a divorce taking place. The couple might feel they are no longer a couple but until the divorce happens, they are.
I have heard of one partner deliberately stringing out the divorce proceedings until after their partner's very sick parent died and the inheritance became part of the divorce settlement.0 -
I don't disagree but, that doesn't it make it appropriate (in my view)The problem is that common sense and the law don't always go hand-in-hand. I think the law sees all gains as marital gains until the divorce.Personal Responsibility - Sad but True
Sometimes.... I am like a dog with a bone0 -
We can only go on what the OP has posted but, I will see if I can help you out...Glen_Clark wrote: »I must have done. Can you please point out the bit in his quote below where he says the financial gain has occurred after the separation?frank_burns wrote: »A friend of mine is separated from his wife and has been left 20K by his late father. He wants to take the 20K out of his bank so his wife wont be entitled to it. Where can he put the money without declaring it? Especially if she wants a divorce soon.
I appreciate the wording isn't as definitive as a legal position would require but it uses appropriate verbs to describe the state of the £20k in relation to the state of the relationship.
As many have said I'm sure the legal position is one of including the whole when working out the calculations. If my understanding of the timing of events is correct then I do not feel unreasonable in feeling the inheritance should be considered as a separate asset to the other financial assets. This is what I feel is reasonable. I am not advocating avoiding the OPs responsibility to the circumstances they are in.Personal Responsibility - Sad but True
Sometimes.... I am like a dog with a bone0 -
We can only go on what the OP has posted but, I will see if I can help you out...
I appreciate the wording isn't as definitive as a legal position would require but it uses appropriate verbs to describe the state of the £20k in relation to the state of the relationship.
As many have said I'm sure the legal position is one of including the whole when working out the calculations. If my understanding of the timing of events is correct then I do not feel unreasonable in feeling the inheritance should be considered as a separate asset to the other financial assets. This is what I feel is reasonable. I am not advocating avoiding the OPs responsibility to the circumstances they are in.
As far as I can see, it still does not say if the separation occurred before the death of his father (which is the date of the financial gain, not the date he actually received the money) or even whether the receipt of the money was after the separation. (Not that it makes any difference as they are still married.)“It is difficult to get a man to understand something, when his salary depends on his not understanding it.” --Upton Sinclair0 -
I think the tense used indicates the situation but without the OP confirming it is easy for the reader to misconstrue the correct timing.Glen_Clark wrote: »As far as I can see, it still does not say if the separation occurred before the death of his father (which is the date of the financial gain, not the date he actually received the money) or even whether the receipt of the money was after the separation. (Not that it makes any difference as they are still married.)
I still hold my view that if the money was post separation I believe it should be treated differently due to timing and in respect of the deceased wishes, although I appreciate that the legal process may not see it this way.Personal Responsibility - Sad but True
Sometimes.... I am like a dog with a bone0 -
I still hold my view that if the money was post separation I believe it should be treated differently due to timing and in respect of the deceased wishes, although I appreciate that the legal process may not see it this way.
But the separation could be just one partner walking out after discovering his lottery numbers had come up, and before collecting the winnings?
PS: I don't see that the deceased wishes have much to do with it. Any more than its the employer's wishes to pay wages to the employee - not his partner. Those wages will still belong to the couple - because the couple have already agreed to share everything.“It is difficult to get a man to understand something, when his salary depends on his not understanding it.” --Upton Sinclair0 -
But that is the point.Glen_Clark wrote: »But the separation could be just one partner walking out after discovering his lottery numbers had come up, and before collecting the winnings?
In your scenario the benefit arose whilst they were together, even if they walked out of the relationship 1 minute after the draw.
What should happen if the OP won some money after they had been separated for 6 months, the other partner has found a new partner and they are just finalising the details of the financial separation based on their previous known finances. Should the new good fortune be included in the mix then?Personal Responsibility - Sad but True
Sometimes.... I am like a dog with a bone0 -
Well that would be a little more difficult, but it clearly isn't the case here is it?.....they are just finalising the details of the financial separation based on their previous known finances
He already has the money in the bank and says 'if she wants a divorce soon'“It is difficult to get a man to understand something, when his salary depends on his not understanding it.” --Upton Sinclair0
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