Divorce process

john07929

Hi all,

I am going through solicitors at the moment but its taken an awful long time.

To give you a summary, I am now 67 and retired. I split from my ex wife 15 years ago and I am looking to finally get the divorce paperwork done to put closure to it.

My ex wife has now turned around and said she wants half of the value of my house as she doesn't have anything apart from an Interest only mortgage on a property she got some time ago. My property is owned by me only with no outstanding mortgage.

Will the 15 year gap make much difference or am I likely to have to handover half?

J

Laz123

You really need to see a solicitor but my understanding is a spouse can chase years later even after a divorce unless a Separation Agreement or Consent Order has been put in place. This is usually done between the Nisi and Absolute. I'm going through this process at the moment but luckily so far she has agreed to a clean break. Once that Agreement is in place it is harder to challenge later, but not impossible to reverse.

TBagpuss

She can make a claim despite the delay. However, the overriding principal for the court is to decide what is fair to you both, in all the circumstances.

This would include things such as:
- how long you were together for
-how old you each are
- what your financial needs are
- what your incomes and (if relevant) earning capacities are
- any previous agreements between you.

So part of what is relevant would be to look at what assets you had when you split up. How did you fund the purchase of your house? How much is the equity in your home, and what is the equity in hers?

What (if any) other assets do either of you have.

a 50/50 split is a useful starting point but it is not inevitable.

Pollycat

john07929 wrote: »

Hi all,

I am going through solicitors at the moment but its taken an awful long time.

To give you a summary, I am now 67 and retired. I split from my ex wife 15 years ago and I am looking to finally get the divorce paperwork done to put closure to it.

My ex wife has now turned around and said she wants half of the value of my house as she doesn't have anything apart from an Interest only mortgage on a property she got some time ago. My property is owned by me only with no outstanding mortgage.

Will the 15 year gap make much difference or am I likely to have to handover half?

J

If you're already talking to a solicitor, what do they say?

Johni_Imtiaz wrote: »

Is it really too easy to take divorce???

In what way?

enthusiasticsaver

This is why it is better to get a financial settlement in place soon after the separation and divorce is agreed. Otherwise the marriage is deemed as lasting longer than it really has which puts your wife in the driving seat. If her financial situation is much worse than yours a judge will usually allocate assets on a 50/50 split which will include both houses, hers and yours and take both your disposable incomes into consideration and pensions and equity in houses.