Divorce Settlements
14 April 2004, 04:03 PM
#4
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Think it will depend on the solicitors involved. I think you'll find both parties will have 50/50 rights to everything and you'll be hard pushed to stop the Mrs getting her 50% share unless there are mitigating circumstances surrounding the divorce. Even if there are, it'll probably only reduce the percentage, not get rid of it altogether.....
Would be a lot better if you can sort out amicably.
Would be a lot better if you can sort out amicably.
14 April 2004, 04:07 PM
#5
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Approx 50:50 split. A 10 year marriage is counted as a long marriage by the courts. Been there, done that! 
If there's no kids, then the court will want to ensure both parties have chance to buy new houses etc. I'd push for a high percentage of the legacy, but only if it was left to you specifically. If left to you both, you haven't a chance of a higher percentage. You need a very good solicitor, choose a hard nasty solicitor too. Also get a barrister.
... edited to fix typo.
If there's no kids, then the court will want to ensure both parties have chance to buy new houses etc. I'd push for a high percentage of the legacy, but only if it was left to you specifically. If left to you both, you haven't a chance of a higher percentage. You need a very good solicitor, choose a hard nasty solicitor too. Also get a barrister.
... edited to fix typo.
Last edited by Nick; 14 April 2004 at 09:13 PM.
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14 April 2004, 04:16 PM
#8
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Before you rush in and get all you semmety sam, guns blazing & all that, try and have an amicable discussion about what she expects, so called testing the water, many people arent completely money orienetated and will be happy to get sufficient funds to buy another house and move on (move on being the main thing) If you can agree it between yourselves, write it down, take it to the solicitors and tell them this is the financial setllement agreeable by both parties, it will speed things up. Failing that it really is a case of everything from both sides being chucked in the pot and divided 50:50, you can of course agree to keep things out of the pot i.e. you keep scoob but she gets x amount extra or some other goods to compensate.
Most of all, relax, take & your time and think about what you say & do from now.
Conrad
Most of all, relax, take & your time and think about what you say & do from now.
Conrad
14 April 2004, 04:18 PM
#9
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Dont go giving it away either or buying expensive pressies as this can be shown as wrecklessness in court and you will have to stump up any amount you have been deemed to throw away. 
14 April 2004, 04:32 PM
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Hate to say it but if she's adamant then a solicitor will only like her more and fight for a 50/50 split in my opinion.
When a wife can lay claim to somebodys compensation for an accident caused by someone else leaving that person paralysed and in a wheelchair for the rest of their life then I reckon an inheritance is there for the taking.
When a wife can lay claim to somebodys compensation for an accident caused by someone else leaving that person paralysed and in a wheelchair for the rest of their life then I reckon an inheritance is there for the taking.
14 April 2004, 04:37 PM
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Amicable is the thing to try.
I was married for just 1yr. before I decided out, no kids, but just managed a 60/40 in my favour with loads of AMICABLE mediation, otherwise would have gone 50/50 despite, out of a total assets of 250k between liquid+shares+property, 95% being generated by me (I brought all material assets to the relationship and during the year of marriage my income was 300% of hers).
So with 10y. I think it will DEFINITELY be 50/50 if you go court, and maybe even some maintenance if she's deemed as not able to sustain living standards without you and having supported you as spouse during your "growth".
Mediate AMICABLY!
Good luck in a difficult time.
I was married for just 1yr. before I decided out, no kids, but just managed a 60/40 in my favour with loads of AMICABLE mediation, otherwise would have gone 50/50 despite, out of a total assets of 250k between liquid+shares+property, 95% being generated by me (I brought all material assets to the relationship and during the year of marriage my income was 300% of hers).
So with 10y. I think it will DEFINITELY be 50/50 if you go court, and maybe even some maintenance if she's deemed as not able to sustain living standards without you and having supported you as spouse during your "growth".
Mediate AMICABLY!
Good luck in a difficult time.
14 April 2004, 04:40 PM
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(well not actually 50/50 as she is angling to keep her redundancy on top)
If you can agree it between yourselves, write it down, take it to the solicitors and tell them this is the financial setllement agreeable by both parties
I was in the same position as you, earned roughly 5 times her wage, bought all the cars etc, still ends up 50/50
14 April 2004, 04:51 PM
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From what you've written, if she's got any morals she should be happy to let you have your inheritance. That money is really nothing to do with her because she is not 'blood' family. I know morals don't seem to count sometimes, but it's nice to think there are some people with some standards.
Good luck
Good luck
14 April 2004, 04:54 PM
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Originally Posted by CupraT
If its going to be 50/50 then I will try to limit the legal costs by being as amicable as possible.
a decent law firm will be charging £250 an hour, so it won't take long to rack up a bill of £20k, £30k - the sky's the limit once you get barristers and re-scheduled hearings etc etc. Or in my father's case about £100k for him and £200k for his ex wife, which he had to pay as well.
don't go there!
14 April 2004, 05:29 PM
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With no children I think you will have to add it all up and divide by 2. Only way to change that is by amicable agreement between you both. Needs a fair approach from both sides.
Les
Les
14 April 2004, 05:43 PM
#21
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That's all well and good but if she changes her mind and it goes to court it will be an irrelevance unfortunately. Financial agreements are only binding after the divorce when you do a clean break order.
The less money to go in the solicitors pocket the better!
14 April 2004, 06:25 PM
#23
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Bitter, me?
CupraT
You both will get to keep your cars without effect on the financial settlement. Even if there is a desparity in value. You both keep clothes, she keeps her jewellery - unless she has hell of a lot of it.
You could do with finding out if someone else is involved on her side - it's likely. Employ a PI for a few days, it could be worth it. Think back - any unusual trips she made? Did you suddenly end up with an unexpected STD problem? You could really use evidence that she was up to something 2 years ago when you had your legacy.
Amicable is usually crap. Amicable means caving in to whatever she wants. It's like rolling over & showing your tummy to a hungry tiger - always assume the worst will happen. Anyone who's been through this will remember the horror of the post every morning! Get a great lawyer, be nasty - very nasty, because she will do, if she doesn't get her way. It's 50:50 right now she wants, but then she'll talk to her friends. They'll all tell her about some woman they know who got 75:25. She'll talk to her lawyer, he'll agree with whatever crazy notion she comes up with. Will you still be amicable when she goes for 60:40 or 80:20, no? Well, by then it will be too late. You need to go onto attack now. It's why the women win in court, it starts amicable, then they change tack & bugger up your case.
You'll get advice from mates, in the pub, well meaning advice from everyone you meet - most of it will be crap. ONLY take advice from people who have been there & done it in the past few years.
Now, how to spend money. Some of the advice is correct, however don't be crazy, but buy yourself a few things, shirts, shoes whatever, don't spend too much. BUT the really great way to get money is cashback at the supermarket. Do your own food shopping every week, get cashback! Ask a good mate to look after the money for you. Make sure the mate or his partner is not known by your wife!
If there are any credit cards in your name only, sort it out now as it's solely your responsibility, likewise for loans. What about the cars, who's names are they in? What about the HP? The name on the documents is important.
Edited to fix typo
You both will get to keep your cars without effect on the financial settlement. Even if there is a desparity in value. You both keep clothes, she keeps her jewellery - unless she has hell of a lot of it.
You could do with finding out if someone else is involved on her side - it's likely. Employ a PI for a few days, it could be worth it. Think back - any unusual trips she made? Did you suddenly end up with an unexpected STD problem? You could really use evidence that she was up to something 2 years ago when you had your legacy.
Amicable is usually crap. Amicable means caving in to whatever she wants. It's like rolling over & showing your tummy to a hungry tiger - always assume the worst will happen. Anyone who's been through this will remember the horror of the post every morning! Get a great lawyer, be nasty - very nasty, because she will do, if she doesn't get her way. It's 50:50 right now she wants, but then she'll talk to her friends. They'll all tell her about some woman they know who got 75:25. She'll talk to her lawyer, he'll agree with whatever crazy notion she comes up with. Will you still be amicable when she goes for 60:40 or 80:20, no? Well, by then it will be too late. You need to go onto attack now. It's why the women win in court, it starts amicable, then they change tack & bugger up your case.
You'll get advice from mates, in the pub, well meaning advice from everyone you meet - most of it will be crap. ONLY take advice from people who have been there & done it in the past few years.
Now, how to spend money. Some of the advice is correct, however don't be crazy, but buy yourself a few things, shirts, shoes whatever, don't spend too much. BUT the really great way to get money is cashback at the supermarket. Do your own food shopping every week, get cashback! Ask a good mate to look after the money for you. Make sure the mate or his partner is not known by your wife!
If there are any credit cards in your name only, sort it out now as it's solely your responsibility, likewise for loans. What about the cars, who's names are they in? What about the HP? The name on the documents is important.
Edited to fix typo
14 April 2004, 06:29 PM
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When a wife can lay claim to somebodys compensation for an accident caused by someone else leaving that person paralysed and in a wheelchair for the rest of their life then I reckon an inheritance is there for the taking.
**** me thats outrageous!
**** me thats outrageous!
14 April 2004, 07:25 PM
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There's been plenty of good advice for CupraT, but I'm just wondering if its possible to not get into his position ? i.e, if you get married and then divorced - do you have to payout 50 % all the time ?
What i'm trying to say is, do pre nuptials work ?
What i'm trying to say is, do pre nuptials work ?
14 April 2004, 07:42 PM
#29
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I went through this a couple of years ago.
3 points to a happier life........
1. Buy her out. DONT move out.
2. Keep talking because solicitors are bandits and they will be charging you for every letter and phone call.
3. Never marry again.
Good luck, life is better on the other side, even if you have to do all your own washing
De@no
3 points to a happier life........
1. Buy her out. DONT move out.
2. Keep talking because solicitors are bandits and they will be charging you for every letter and phone call.
3. Never marry again.
Good luck, life is better on the other side, even if you have to do all your own washing
De@no
14 April 2004, 07:45 PM
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Originally Posted by Scooby96
When a wife can lay claim to somebodys compensation for an accident caused by someone else leaving that person paralysed and in a wheelchair for the rest of their life then I reckon an inheritance is there for the taking.
**** me thats outrageous!
**** me thats outrageous!
All down to the fact the wife left him for his best mate and took their 6 year old daughter with them who he hasn't seen in 2 years also.
Their case is still not resolved 2 1/2 years down the line either and has cost thousands.
Marraige isn't worth a snot!