Divorce, what is my husband entitled to?

ganadon

Hi all, not sure if this is the right section to post this but, I'm in a marriage and I'm considering a divorce. We have been married 6 months, short I know but I think we rushed it. My husband is not the person I expected, he is violent and very paranoid. I had a few assets in my own name before I married him, including a flat and shares as well as money in the bank, these are all still in my name only. We have no children and are currently living in his parent's home. The rent I receive from the flat only just aobut covers the mortgage. He works as a personal trainer. I don't rely on him as I have my own business, I only live with him. Before filing for a divorce, I wanted to know how much he will be entitled to. I have read that in divorces the split is almost 50-50 but I don't think this is fair as I had all of these assets before I married him and he has in no way contributed to them. Please help me. I really don't want to stay in this marriage any more, he actually scares me now and has almost blackmailed me by mentioning that if I leave he will get everything from me.

TheWaltons_3

Can you get it annulled as you have only been married 6 months?

I know you can't get Divorced for 12 months... but he wont be entitled to much... I am positive!!!

Although he may try and drag you through the Courts (which will cost you both money), with such a short marriage and no children, I doubt he'll be entitled to anything.

Cheeky git!

He will most likely get nothing - everything in your name, no contributions...

ganadon

I have thought about an annulment but I can't think on what grounds I can get one and what if he refuses to agree to one?

candygirl

Unless he can show he has contributed in any way to your household, ie by bills in his name etc, he will be entitled to very little.I know this from recent personal experience.However you can't file for divorce till you have been married for 12 months.
Also in my experience if you can come to an agreement regarding these matters between you then the divorce costs will also be greatly reduced.:p

TheWaltons_3

ganadon wrote: »

I have thought about an annulment but I can't think on what grounds I can get one and what if he refuses to agree to one?

LIE LIE LIE!

If he refuses, you can tell them he only married you because he thought he would get half of what you have... and if he pushes this in Court... he will make himself look bad and like it IS all he married you for.

Which to me, it sounds like it is the case anyway.

ganadon

i'm uncertain that thats gona be good enough for an annulment. I've worked so hard to get where I am and am so scared of losing it, or at least half of it to someone who's done nothing to earn it.

candygirl

ganadon wrote: »

i'm uncertain that thats gona be good enough for an annulment. I've worked so hard to get where I am and am so scared of losing it, or at least half of it to someone who's done nothing to earn it.

Exactly, and hopefully you wont have to if you get some good legal advice asap.Think annulments are quite hard to get though, so concentrate on the divorce route as soon as 12 months are up.:p

ganadon

does anyone know if it is possible to transfer my assets to someone else, e.g. my parents?

Prudent

My understanding is that assets from before the marriage remain yours. Transferring them will not help. You may have to look at any capital growth on the flat in the time of the marriage, as the mortgage has covered your out of pocket expenses.

sorted_2

Don't let him bully you with threats, I am divorced, long story. I don't know about the 12 month rule but i would certainly ask for advice now. Some solicitors give you 2 hours free time,why don't you ring round, at least it will give you something to go on.
Best of luck to you.

paddy's_mum

If you really have reached the end of the road with him, make sure you don't become pregnant - many a woman has become trapped by an unwelcome pregnancy foisted upon her. Move out at the earliest opportunity without necessarily telling him that you are going to. Can you get your flat back soon? Could you move in with family or friends for a while. For your own sake, achieve the separation first and then you will have time to seek legal advice and subsequently a divorce decree. If he does text or write abuse or threats, keep them for the record. They may have immense value once a divorce action commences.

For what it's worth, I cannot envisage any judge giving him 50% of your assets, especially after such a short marriage. Commonly, amounts of that level are given after years of marriage, running a home and rearing children. They are recognition of effort put in, not an automatic right. Why would a judge deprive you of a home (your flat) and wreck your business on the say-so of a man who had put next to nothing in. Find a good matrimonial solicitor. Good luck.