Help with likely financial settlement in these circumstances please?

Dogs4Eva

Can someone help me understand what a divorce financial settlement might look like in these circumstances please? I have tried to put as much detail as possible below, some of it might be irrelevant. Sorry for the length of it.

This is on behalf of a very good friend of mine, Lisa. She will not post herself as is worried about her husband finding out (no concerns over abuse / coercion etc)

Lisa is a British citizen who was born & has always lived in England. She married her Muslim husband in Egypt in 2012 - they had both an Islamic & a civil ceremony, so the marriage is recognised in the UK. We understand both parts need to be dealt with separately but it’s the UK divorce/settlement that we need more information on please. Lisa is not a Muslim.

Lisa has 2 daughters from a previous relationship - 1 still lives at home - both over 18. There are no children from this marriage and the husband does not have any. The 3 of them live in Lisa’s house - the house is owned outright by both Lisa & her aunt as tenants in common. The house purchase predates this relationship by about 15 years.

Lisa cannot work due to disability & therefore has no ‘working’ income. She receives PIP. She has modest savings (under threshold for UC). She has no private pension having had to stop working before this relationship started.

Her husband receives carer’s allowance. He/they also receive UC due to his low income - he works full time, earning around £16k / year after tax, before pension contributions. He has unknown assets overseas in Egypt. Lisa doesn’t know if these have been moved into a relative’s name.

(edited to add - he doesn't work full time - apparently he works around 28 hours / week - sorry about that, I just assumed he was full time)

No rent is paid on the portion of the house not owned by Lisa. They are not financially linked / no joint accounts.

After they married, her husband remained overseas before coming to the UK a few years later with her sponsoring him. He now has UK citizenship.

Lisa has found out her husband has been having an affair. It may not be the first one, but she has proof of this one. She knows that he considering leaving her for the other woman. She doesn’t want to confront him at this time. She is worried if they divorce, he will be entitled to some of the equity in the house - she would have no way to raise funds other than selling the house.

sammyjammy

With a 14 year marriage he would likely be entitled to a share of the house but anything is possible, perhaps he would give this up if he weren't required to pay maintenance.

caprikid1

" if he weren't required to pay maintenance."

There are no children from this relationship and spousal maintenance I believe these days is unlikely so not a strong counter argument I believe

elsien

What is the situation with both of their pension pots?

Dogs4Eva

https://forums.moneysavingexpert.com/discussion/comment/82031318#Comment_82031318

I don't think she has any kind of private pension as she had to stop working due to disability long before workplace pensions came in. He will have been paying into one since starting work in the UK.

sammyjammy

https://forums.moneysavingexpert.com/discussion/comment/82031298#Comment_82031298

Unlikely doesn't mean won't happen, he is working full time and she isn't and maybe never can/will.

caprikid1

https://forums.moneysavingexpert.com/discussion/comment/82031384#Comment_82031384

Given , his low income, her benefit income, the fact that the children are not his, combined with the article below I think to gamble her house against an offer of no spousal maintenance is a weak argument.

Am I Entitled to Spousal Maintenance? UK Family Law

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82031384#Comment_82031384

Looks like he is working for below minimum wage so it will be difficult to argue that he has spare income.

Dogs4Eva

https://forums.moneysavingexpert.com/discussion/comment/82031446#Comment_82031446

I don't believe he is working full time - but he is not being paid below minimum wage

Dogs4Eva

https://forums.moneysavingexpert.com/discussion/comment/82031384#Comment_82031384

I don't believe he is working full time
She will never be able to return to work

WYSPECIAL

https://forums.moneysavingexpert.com/discussion/comment/82035535#Comment_82035535

In the opening post it says he is working full time and earning around £16k?