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Divorce/separation

Financial settlement - is this fair?

4 replies

MrsDarcy4092 · 04/02/2018 18:40

I’m seeing a solicitor next week to get advice but I’m tryng to get my head around this.

We’ve been separated officially since 10th January. I hadn’t been unhappy for a few months, we tried therapy and then when I asked for some space to think he jumped straight into dating aps whic he sealed the deal for me.

When we met he already had a house and is a big Earner £150 k a year plus a bonus normally. We’ve been married five years and have no children (failed ivf).

I know I’m prob entitled to 50% but I feel this is unfair given I have put no money into our lives other than my full time salary.

We owned two houses together since being married. We made £100k on the first and £250 on the second. Minus stamp duty if we split that 50/50 it would be about £135 k each.

I have a fairly good salary and pension so I am happy to not split pensions. We have cars each and even though his is worth more I don’t feel I need to split that as an asset.

Do you think asking for £135k from him is a fair sum and Will the court allow this given that the total sum of our estate is probably around £650k so half would be £325k?

I feel like as he’s the big earner and already had a house when’s we met and some inheritance it’s unfair for me to take half. I Also feel guilty as it’s me who wants the split and not him.

£135k would be a decent deposit for me to buy somewhere to live without ruining him.

Any advice please?

OP posts:
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NorthernLurker · 04/02/2018 18:46

Don't be pushed by your feelings of guilt in to taking less than your legal entitlement. It's not just about somewhere to live. Would you want to try ivf alone with donor sperm for example? Are you going to want to need to pay for that? I can see why you have come up with the £135k bug don't mug yourself.

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millymollymoomoo · 04/02/2018 21:08

As there are no children, it’s not a long marriage, he had assets prior to meeting you, you haven’t sacrificed anything, you earn your own wage,you might not actually be entitled to 50% of everything. He could well successfully argue to ring fence things acquired to marriage. Courts may look to award 50% of assets acquired during the marriage in which case what you suggest above us fair

What is he proposing? Have you seen a solicitor?

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sothisisnew · 05/02/2018 12:59

5 years with no children may well categorise the marriage as a short one, which would take it into the territory of coming out with what you put in. I think this would especially be the case as there's plenty of money for the two of you, and you haven't mentioned anything that has put you in a worse financial position because of the marriage.

I think you're right, it would be 'unfair' for you to take half of his money! It all comes down to either negotiation or a court-imposed settlement, there's no such thing as what you're 'entitled' to until one of those things happens.

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mummmy2017 · 07/02/2018 17:37

Ask him, you can decide all this without courts getting involved and both save fees.

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