Settlement when wife wants nothing

dbg1986

Hi all

i han searched the forum and couldn’t find an answer. Me and my wife have been split for 5/6 years now and are still very very good friends (it was a nice split) we both have a daughter who is 9 together.
I recently brought my first house with my current partner and her family have now got me worried.
we started divorce paperwork years ago but never finished it off due to her partner at the time. It will be a cheap divorce as nothing is wanted by my partner and we both agree to divorce.
I have been told now that I have a house and a stable partner my wife will be given portions of my income / estate even thought she says she wants nothing.

is this correct that a judge can say she is entitled and give stuff away even thought she wants nothing.

thanks everyone.

Savvy_Sue

A judge will want to be satisfied that you have each had advice on the implications of her having 'nothing' and you having 'everything', but as long as that is the case then it's not necessarily a problem. 

Is your wife well able to support your daughter on her own income, with your child support (which I assume you are paying)? How long were you married? Answers to those will help others answer. 

sassyblue

They are correct in trying to get you to complete the divorce. Your wife could still be entitled to any pension if you died simply by virtue of the fact she is still your wife.

If you purchased your property as tenants in common it would mean, should you die before being divorced, your wife would inherit your share of the property. Even if you purchased it as joint tenants with your new partner, your wife could still make a claim against it.

So it would definitely be better to complete the divorce.  Savvy Sue’s advice is perfect above.  It sounds like there wasn’t much to share in your marriage.

your wife could also make a claim against your estate on behalf of your daughter should you die and fail to make provision for her in your will, while your daughter is young.

MovingForwards

Yes, your wife could potentially claim. Get the divorce done.

My broker suggested I divorced my ex before buying my home, to avoid any potential claim on it, even though I left my ex with everything.

p00hsticks

sassyblue said:

If you purchased your property as tenants in common it would mean, should you die before being divorced, your wife would inherit your share of the property.

Only if the OP hasn't made a will saying otherwise.....(although the wife could try to challenge any such will).

TBagpuss

Your wife could claim.
You and she can agree a consent order providing for a clean break. This has to be approved by a Judge who has to be satisfied that the order is fair and reasonable, taking into account all the circumstances.

As you now have assets and your wife doesn't, a Judge will want to check this is nevertheless fair.

One way of helping them to reach that conclusion is to give them adequate information. On the Statement of Information form, which you send to the court with the draft order, there is a box for additional information - you will be able to fill that in to explain why it's fair for her not to have a share of the house (for instance, by stating (if it is true) that the two of you divided your financial assets when you separated, have kept your finances wholly separate since that date and that that funds used to buy the house were built up after the separation. If there has been a long separation it may also be helpful to give a summary as to what the financial position was when you separated, so the Judge can see that any assets post date the marriage. 

In some cases, where a split appears very unequal, the Judge may list a short hearing so that they can speak in person to the spouse getting what looks like a bad deal, to satisfy themselves that that spouse does understand what they are doing, and isn't being misled or coerced.

The Judge doesn't have the power to make a different order instead, they can only make, or decline to make, the order in the terms put before them. (Although if they decline to make it and tell your wife it's unfair, it would be open to her to then change her main and make an application, seeking a higher amount, of course!)

tacpot12

The judge will also want to check whether both parties have had legal advice about the pros and cons of the arrangement they are proposing to the court. 

dbg1986

Okay thank you for all your advice, it’s helped so much.

TBagpuss

tacpot12 said:

The judge will also want to check whether both parties have had legal advice about the pros and cons of the arrangement they are proposing to the court. 

There's no obligation to have had legal advice and it isn't something a Judge typically checks. However, as I set out, the Judge may make enquiries in order to satisfy themselves that both parties understand and genuinely agree to the proposed order .Where both parties have had legal advice, and the order is signed off by both solicitors, then the Judge will be less likely to require a hearing as they can reasonably assume that the parties have had appropriate advice.