Help with Financial Agreement in Divorce Case - Final Hearing

Hi, after weeks and weeks of searching online I am unable to find an answer on how a house is handled in a divorce. I was hoping someone may be able to provide some guidance and even direction towards some relevant case laws.

I am 40 years old and I applied for the Divorce as my ex wife had me falsely arrested while she emptied out the house.
She is 36 years old and our earning capacity is about the same.

Their are two assets that she wants 50% of, the house which I bought alone in 2012. We married and lived in the house from Jan 2019 for 3 years and 8 months.
House has about £160000 equity in it. Valued at £425000, was valued at £375000 in 2018in 2018.
She has made absolutely zero contributions towards the mortgage or bills or anything to do with the house, she moved out of her own free will in September 2022.

The second asset is my car worth about £45000, which I bought during the marriage.

I also have about £60k of credit card debts that were mostly due to the marriage and wedding. I also have about £60k of 'soft' debt owed to my family.

She has no debts or assets. She worked throughout the marriage and kept all her money to her self while I financially maintained the home and the marriage. This included hiring people for household duties such as cleaning.

She is asking for £125000 to settle! And now I am at my final hearing with about £15k in legal costs.

Can anyone guide me in what she may be entitled to please? My legal team are poor to say the least and are continually telling me to settle and pay her what she wants, but I genuinely feel she is not entitled to anywhere near that number. I have offered £10k, I have also transferred to her about £30k during the course of our marriage for her to live off and go on holidays. There is no clear guidance on how this is worked out, is the debt included or not. How is the house split? Should it even be included as I bought it well before and have made all the financial and non financial contributions towards it.

FYI - we have no kids.
She has been married before where she tried the exact same thing, and also had him falsely arrested. I only know this because I found the court documents when clearing out the house, but her last husband had no assets for her to go after. Also, she is not a British Citizen, when she divorced her first ex she applied to get stay in the UK using domestic violence as a reason, which was rejected by the court. Then she claimed asylum, and eventually somehow ended up in my lap and now she seems to be doing the same to me, to get her indefinite leave to stay and also take my hard earned assets. I couldn't care less about her indefinite leave to stay, I have reported her to the home office and it is for them to investigate. I just don't want to give her any of my hard earned money or assets. If anyone can provide any sort of guidance it will be massively appreciated.

Thank you!

Comments

  • DullGreyGuy
    DullGreyGuy Posts: 9,014
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    With nearly £460,000 on the line you should be seeking professional legal advice not the advice of random strangers online. 

    For the purposes of the divorce her legal status in the UK will be irrelevant as clearly she has an established connection here for the UK courts to opine on what's reasonable in the divorce. 
  • tacpot12
    tacpot12 Posts: 7,836
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    £160,000 equity in the home, so half is £80,000.
    £45,000 car, so half is £22,500. 
    £60,000 debts, so half is -£30,000. 

    She is likely to be entitled to a settlement of £72,500.  (80,000+22,500-30,000)

    You haven't mentioned pensions. You need to split your pension provision in half as well. 

    You are well off the mark offering £10,000. 

    The marriage was relatively short, but not as short as many. Many people who were only married 2 years have ended up with a court order to divide their assets 50/50. This is how houses and all other assets are divided in English courts. 

    The fact she made no contriubtion to the mortgage is of no consequence.

    If she kept all the money she earned herself, she might have some savings that would decrease the amount you have to give her, but you need evidence of the savings she has. If your legal team as not managed to get her to reveal the amount by now, this is unlikely to happen in before the final hearing. 

    If you can find a way to ask her the question in court, she may tell the judge as the alternative is lying and she might not feel like doing that.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • AskAsk
    AskAsk Posts: 2,399
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    edited 12 February at 6:15PM
    so having started on my divorce last week, i have learnt a lot about divorce and i am still learning.  it would seem that when you marry someone, you effectively promise to look after them from that time onwards, and when you split, the promise does not end.  the starting point is 50/50 but then it can deviate from this if you can demonstrate to the court that it is fair to do otherwise.  i believe it will be accepted as fair if both of you have enough from the split to live on, so say you had a billion, then your ex may not necessarily get half of that as she doesn't need half of it to continue to live in the same lifestyle.

    but if you don't have a lot, then it will be more than likely 50/50 as she needs to be looked after, the way you had effectively promised her when you married her, as assets are considered joint assets, irrespective of whose name the asset is in and irrespective of who had spent the most or contributed the most during the marriage.  a fair split for divorce doesn't have the same meaning as fair in real life.

    so unless you have a lot of money, it is likely to be 50/50 as she needs to be looked after when the divorce is complete as she will be on her own as far as the court is concerned.  therefore 10k won't buy her much so she can't live on this.  she needs money to buy a house as she had half of a house and now she will be penniless.
  • Savvy_Sue
    Savvy_Sue Posts: 45,804
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    Wikivorce might give you guidance. They have a calculator. 
    Signature removed for peace of mind
  • Gavin83
    Gavin83 Posts: 8,723
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    Is the house in your sole name? Did you live together long before marriage?

    This is within the realms of a short marriage territory so you could certainly push for both parties to receive what they put in. If she's pocketing all her money do you know where it's gone? Given the amount of money we're talking and the circumstances of the marriage I'd certainly be seeking legal advice and if your current team isn't cutting it then find another.

    Needless to say you've made a hell of a lot of mistakes in this relationship. Make sure you learn from it.
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