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divorce of a childless couple; any settlements?

6 replies

Motherofcats333 · 05/02/2024 09:45

Good morning all.
I have a question about divorce of a couple without children, equal division of the asset and any potential settlement to the lower earning spouse.

The situation: couple lives in a flat bought in marriage in the name of a higher earning husband; wife earns half his salary; both gave equal deposit. After a while husband leaves, they divorce (fairly amicably, without blood or involving lawyers), wife remortgages the flat in her name and buys the husband out by giving him half of the flat's worth [after the remaining loan]. And that's it.

Question: 1. I am right to think that by law this wife is not eligible for any settlements from the husband? And if she were, then on what ground?
2.What would court decide if the wife didn't work?

Thank you for your answers/experience. This is not a question about what's morally right, only about what is legal. I am curious.

OP posts:
twnety · 05/02/2024 10:07

Has the divorce been finalised?

Why would it matter to the legal outcome "if the wife didnt work" - she is working

Motherofcats333 · 05/02/2024 10:16

twnety: , it was finalised a while go, I am asking out of curiosity. Same goes about wife not working: just curious how the court would see it. It's all hypothetical at this stage. Hope this answers your questions.

OP posts:
Qwertyfudge · 05/02/2024 10:18

Too many variables! Did they agree a financial settlement? Pensions? Length of marriage?

Motherofcats333 · 05/02/2024 10:34

Quertyfudge: there was no formal agreement on the above mentioned by you. The wife's buying out the husband was done on mutual informal agreement (but legally, obviously, via the solicitor transferring the title deed). Nothing else was discussed.

OP posts:
GreyhpundGirl · 05/02/2024 11:43

They need legal advice but buying a former husband out of a flat isn't the extent of a financial settlement she may or may not be entitled to. No one can say what the court would decide as it depends on a case by case basis and the arguments put forward by either side.

twnety · 05/02/2024 17:02

The only way to know, is to get proper legal advice.

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