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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce after a short marriage (Less than a year) - Who gets what?

5 replies

Navarino · 04/04/2018 15:41

I know this might sound very cliche, but having read around for a few days online I haven't found an example that applies to my case. I was hoping if anyone has anything useful they can share to assist me better with my current situation.

I'm a young man (Late 20s), proposed my ex and married her last summer. The reason I'm divorcing her now is I found out she was cheating on me, she was having an affair a couple of months after our marriage, and now since it's only been 6 months we were wed, I have to wait until summer to get divorced.

I'm in a good financial state, don't drink or smoke, and never did anything to upset this woman, and cared and loved her and her family to the best I could. In fact everything seemed perfect until I was blind-sided and read through the journey of her secret affair with someone else in messages on her phone.

We are both working, no children and I earn more than her. I've filed a petition with a divorce lawyer, but I'm still in the dark about what may happen. I've tried to speak with her and find out what she demands, but she has been unreasonable. She says she still loves me (Despite me finding out about her affair which was not a one-off and was on-going for about 4 months) and but has moved out of the property and doesn't currently live with me.

I've given this woman everything she ever desired, and bought and paid for a property which was registered jointly on both our names last year after our marriage. She has not been making any contributions against the deposit money, purchase fees, or mortgage payments, and not even paid for a single bill. Property is both with help to buy equity loan, and mortgage with a minimum deposit paid and it's only been 6 months from the purchase so not much of the loans have been settled.

I wish to keep the property since it's my only home and I paid for stamp duty, deposit money, and all mortgage payments, but want to remove her from the title deed. I can afford to keep it and can look into making a nuisance payment offer to here but she is very unreasonable, and I'm sure the case will need to go to court to be resolved. I bought this house to begin a new life with the future mother of our children, not a woman who randomly decides to go and have sex with someone other than her husband.

I wish to know what would the court decision be in a case like this, and if anyone has a similar story to share to help me prepare for the divorce proceedings. Also what will happen to all the new furniture I've paid for inside the new house, my savings, and my other assets which are on my sole name.

Thanks in advance for reading and taking the time to reply.

OP posts:
waterSpider · 04/04/2018 16:29

By and large, a court would try to return you to the pre-marriage financial situation, maybe splitting any assets accrued during this short marriage (maybe zero?). e.g. see www.georgeide.co.uk/family-law-solicitor/divorce-after-a-short-marriage/
So, your pre-marriage assets (savings) shouldn't be at risk.
Complicating factors - any children, any lengthy period of cohabitation prior to marriage??
Plus it would be cheaper to agree an amicable settlement if you can rather than fight a legal war, even if that means being a bit more generous than you may be feeling.
Cannot progress divorce till married 12 months, though.

Navarino · 05/04/2018 09:34

Thanks for your reply WaterSpider. I truly appreciate your response. We've cohabited for about 4 years before marriage and have been in marriage for 7 months so totally less than 5 years. I would be happy if things get back to our time before marriage.

OP posts:
helpimgoingcrazyhere · 07/04/2018 22:37

I think if you were cohabiting a long time before getting married, assets may be considered to be more joint. Can you get free legal advice to get an idea? Your local CAB will be able to point you in the direction of organisations that can help. Or you can just phone round local solicitors.

lifebegins50 · 07/04/2018 23:40

What is her request for a settlement and did you rent previously?

There doesn't appear to be many joint assets, if property only 6 months old.

Mediation would be the first step and I would recommend you avoid court as it
could cost you more than a settlement, but perhaps share figures so people can advise more clearly.

I know you feel you are the injured party but its best if finances are settled by agreement - even though both parties usually walk away unhappy with the deal!

crimsonlake · 08/04/2018 00:36

From what I know you both leave with what you came into the marriage with. Good luck.

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