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CupraT 14 April 2004 03:54 PM

Divorce Settlements
 
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The Fixer 14 April 2004 03:55 PM

Any kids involved mate?

CupraT 14 April 2004 03:58 PM

No kids - and apologies as I have posted in the wrong forum (though it may be scooby related if the settlement goes the wrong way and I have to sell LOL)

CraigH 14 April 2004 04:03 PM

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.

Nick 14 April 2004 04:07 PM

Approx 50:50 split. A 10 year marriage is counted as a long marriage by the courts. Been there, done that! :mad:

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.

CupraT 14 April 2004 04:11 PM

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SiDHEaD 14 April 2004 04:13 PM

Time to buy expensive prezzies for yer mates ;)

The Fixer 14 April 2004 04:16 PM

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

The Fixer 14 April 2004 04:18 PM

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. ;)

CupraT 14 April 2004 04:24 PM

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Spoon 14 April 2004 04:32 PM

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.

wall 14 April 2004 04:37 PM

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.

CraigH 14 April 2004 04:40 PM


(well not actually 50/50 as she is angling to keep her redundancy on top)
Works both ways, you are entitled to 50% of any of her assets too, of course.


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
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.

I was in the same position as you, earned roughly 5 times her wage, bought all the cars etc, still ends up 50/50 :(

CupraT 14 April 2004 04:44 PM

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Butkus 14 April 2004 04:51 PM

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 :)

ProperCharlie 14 April 2004 04:54 PM


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.

that is the best route. when either party insists on trying to get more than they are entitled to, all that happens is the lawyers end up with more of the money than either you or your (ex) wife.

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. :eek:

don't go there!

Brendan Hughes 14 April 2004 04:57 PM

Sorry for the ultimate in cynicism, but did your marriage go downhill after you got the inheritance?

CupraT 14 April 2004 05:03 PM

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Butkus 14 April 2004 05:22 PM


I guess greed takes over though (I label myself with that too).
It's a pretty common disease unfortunately :(

Leslie 14 April 2004 05:29 PM

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

The Fixer 14 April 2004 05:43 PM


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.
yes true but you can get the financial bit stamped in court well before the divorce comes through, most divorces come through first follwed by the financial settlement, but only because the parties argue over it.

The less money to go in the solicitors pocket the better!

ProperCharlie 14 April 2004 05:52 PM

cheapest option is to see your local friendly albanian crime lord and have him arrange something. just ask for the "100% settlement option".

Nick 14 April 2004 06:25 PM

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

Scooby96 14 April 2004 06:29 PM

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.

fook me thats outrageous!

Brendan Hughes 14 April 2004 06:30 PM

Jeez. If you try and get 400k cashback at the supermarket, it won't be the wife's lawyers who are interested.

Scooby96 14 April 2004 06:30 PM

She'll also get her hands on your pension, share options etc etc etc etc etc etc etc etc etc

TaviaRS 14 April 2004 07:10 PM

CupraT, where are you based?

Terzo 333 14 April 2004 07:25 PM

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 ?

deano 14 April 2004 07:42 PM

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 :D

De@no

Spoon 14 April 2004 07:45 PM


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.

fook me thats outrageous!

Chris- I'd call it more like sick but believe me it's true. The house that is fully adapted too is being fought over leaving the occupier a future in a care home.

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!


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