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Divorce/separation

Unequal split of assets

9 replies

AnotherDayAnotherDrizzleCake · 24/04/2019 12:11

Do courts ever accept an unequal split of the assets in divorce?
For example, if a couple started out on equal earnings and potential, but then one partner built up personal debt (unbeknown to the other) and took a massive drop in income, and the other partner had contributed 80% of the finances, life admin, childcare and housework.

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millymollymoomoo · 24/04/2019 12:16

Unequal splits of assets are common. How the split is arrived at will depend on multiple factors , not necessarily based who who paid for what

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AnotherDayAnotherDrizzleCake · 24/04/2019 12:33

Ah yes, I can see what you mean, it's about providing for each party. So what would be fair for partner with the debt if they couldn't buy a property (because of their debt) and didn't have the income to rent? Presumably the courts would expect them to find a job?

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millymollymoomoo · 24/04/2019 14:18

Impossible to tell here. Ultimately there would probably be a requirement to maximise income but depends if they are primary career to young children, earning of other party, there may be spousal maintenance ordered to them to help them get on feet etc. So many variables and outcomes which only a solicitor with all facts would be able to advise

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NotBeingRobbed · 24/04/2019 14:46

I’m afraid marriage is an utterly unfair deal. You can start with equal chances. One person can work hard, act responsibly and save. The other can sit back, earn little and rack up debts. Person one will be forced to hand over cash to person two. Nobody seems interested in who put in more. In fact the less you put in the more you are entitled two. This is without even getting in to who looked after the kids most.

A lawyer may or may not help you. They will certainly be very happy to relieve you of a good chunk of cash.

I am the woman in the relationship. Worked hard, saved, was responsible. Now I’m left supporting the kids and having to hand cash to my reckless and irresponsible ex. I certainly wouldn’t ever marry again.

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Xenia · 24/04/2019 15:29

Sadly it will be the other way round for the poster - because the spouse is in debt and haw a love income they will be rewarded by the courts for their foolishness and money will be heaped upon them and they may well get more than half rather than less.

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NotBeingRobbed · 24/04/2019 16:00

Yes Xenia and I had had similar experiences. Foolishness is rewarded. Exactly.

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AnotherDayAnotherDrizzleCake · 24/04/2019 22:11

This is my worry. I'm the primary carer. I've had legal advice that I'd be entitled to my assets from before the marriage as it is a short marriage but even then a 50:50 split wouldn't enable me to buy the family home, and I'd struggle to find anything affordable in the area with the equity.
Any advice from those of you who have been in a similar position?

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DidThis45 · 26/04/2019 17:38

This reply has been deleted

Message withdrawn at poster's request.

stucknoue · 27/04/2019 17:17

I sold my home (many years ago) to enable us to buy a family home. I could have written in at the time that I own the first £100k but I didn't, probably a mistake though at least it's likely that h will be reasonable and give me the house in return for savings enough for him to purchase another (very theoretical as I'm still hoping for reconciliation).

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