Divorce and pregnancy

Bignutpudding

My friend is going through a divorce, she has since met someone else and has recently found out she is pregnant, with the new partners baby. She is hoping for 50% minimum of the marital assets but is now sick with worry that her husband will get away with giving her less or even nothing. Can anyone shed any light on this please. Many thanks.

Keep_pedalling

The baby will make no difference to the outcome. 

MyRealNameToo

Bignutpudding said:

My friend is going through a divorce, she has since met someone else and has recently found out she is pregnant, with the new partners baby. She is hoping for 50% minimum of the marital assets but is now sick with worry that her husband will get away with giving her less or even nothing. Can anyone shed any light on this please. Many thanks.

The default position is 50%, assuming the marriage had lasted more than a couple of years. The parties can argue a different split if there are just reasons which normally would be one not pulling their weight. That said being a "house wife" and actually doing all the cleaning, cooking, housework, raising kids etc is seen as contributing to the household in the same way as doing nothing but brining in a £60k salary. 

Why does she think she may not be entitled to a equal split or potentially more than 50%?

Brie

MyRealNameToo said:

Why does she think she may not be entitled to a equal split or potentially more than 50%?

I would assume that in the old fashioned sense that since she is still married and committed adultery then she bears the guilt of the divorce and therefore would get less.  But that was very much a thing in the past and no longer the case.  

Bignutpudding

MyRealNameToo said:

Bignutpudding said:

My friend is going through a divorce, she has since met someone else and has recently found out she is pregnant, with the new partners baby. She is hoping for 50% minimum of the marital assets but is now sick with worry that her husband will get away with giving her less or even nothing. Can anyone shed any light on this please. Many thanks.

The default position is 50%, assuming the marriage had lasted more than a couple of years. The parties can argue a different split if there are just reasons which normally would be one not pulling their weight. That said being a "house wife" and actually doing all the cleaning, cooking, housework, raising kids etc is seen as contributing to the household in the same way as doing nothing but brining in a £60k salary. 

Why does she think she may not be entitled to a equal split or potentially more than 50%?

 She is concerned the courts will perceive her financial needs are met by her new partner and therefore will not be entitled to a financial settlement from her ex husband

Bignutpudding

She is concerned the courts will perceive her financial needs are met by her new partner and therefore will not be entitled to a financial settlement from her ex husband

MyRealNameToo

Bignutpudding said:

MyRealNameToo said:

Bignutpudding said:

My friend is going through a divorce, she has since met someone else and has recently found out she is pregnant, with the new partners baby. She is hoping for 50% minimum of the marital assets but is now sick with worry that her husband will get away with giving her less or even nothing. Can anyone shed any light on this please. Many thanks.

The default position is 50%, assuming the marriage had lasted more than a couple of years. The parties can argue a different split if there are just reasons which normally would be one not pulling their weight. That said being a "house wife" and actually doing all the cleaning, cooking, housework, raising kids etc is seen as contributing to the household in the same way as doing nothing but brining in a £60k salary. 

Why does she think she may not be entitled to a equal split or potentially more than 50%?

 She is concerned the courts will perceive her financial needs are met by her new partner and therefore will not be entitled to a financial settlement from her ex husband

Sounds like you are thinking about maintenance rather than dividing marital assets? 

Maintenance is relatively rare and when it is ordered it tends to be fairly short. 

Bignutpudding

No it’s dividing of assets, she worked and contributed until she had the child and she also has a long term health condition. She isn’t using a solicitor but she is using a mediator. So she’ll definitely get at least 50% of the marital assets? even though she is has since met someone a couple of months after the marriage breakdown and is pregnant with the new partners child?

MyRealNameToo

Bignutpudding said:

No it’s dividing of assets, she worked and contributed until she had the child and she also has a long term health condition. She isn’t using a solicitor but she is using a mediator. So she’ll definitely get at least 50% of the marital assets? even though she is has since met someone a couple of months after the marriage breakdown and is pregnant with the new partners child?

No not definitely, it's the starting position and where most end up but not all. 

If she doesnt have a solicitor then the judge may question any agreement that isnt 50/50, they tend to rubber stamp agreements where both sides have had solicitors. 

Plus, for the avoidance of doubt, it's of the net assets, so if there are debts like a mortgage etc then these too are shared. In practice the parties negotiate so the end position is basically 50/50 but one may get the house and the other gets the pension rather than splitting everything straight down the middle. 

RAS

It's vital that she doesn't remarry without taking legal advice. The remarriage trap could restrict her future right to shared assets. Once the financial settlement is in place, that's not an issue.

As part of the financial settlement, they both need full knowledge of all assets of the marriage. It's not for instance the current value of their pension pots, it's the potential income those produce at retirement age that need to be assessed. Does she have that information about her own and his assets?

I'd also check the frying pan and fire situation. If she had not become pregnant, would she have really really want to marry the father? If anything causes any doubt, she might be better to wait a while or even back out. 

swingaloo

How long have they been married. Do they own a property?