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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.

Division of the finance(woman has more)

5 replies

wannadivorce · 27/11/2019 03:36

Hi,
I have all the assets and my ex-to-be has non. I brought everything into the marriage from the start and he didn’t have any. he was out of work for 2.5 years. We have been married nearly 6 years and we have one child(5)
I have two houses(family home, rent—bought after marriage from the money I earned back in my country before marriage and some savings. I don’t have any income apart from the rent and I have never worked in the UK.
My husband has non but he has a good job(around 43k a year)

He says he cannot afford for child maintenance(estimate £300 a month) because he has to buy a house(two beds) with a mortgage. I don’t know how much pension he has but I don’t think it’s a lot(mid 40s) and he has been working since very young age.

He wants what he is entitled to from me he said. I offered him to give nearly half when I sell the rental home (I think that’s fair because he will have some money to start with his new life) I won’t have any income when I sell the rental property also there is no guarantee I could get a job as I have never work in the UK.) but he wants half of everything I have and not giving me any child maintenance.

He says he cannot afford child maintenance because he has to buy a house with a mortgage or rent. I am the main person who will look after our child but he wants dual custody and wants to see our son everyday after work until our son’s bed time which is not practically good I think because I won’t be able to have any quality time with my son: either he will be at school(goes to different school on Saturday until afternoon too) or sleeping or with his dad in my house or out somewhere. He is not willing to help with our child’s home work he said ( quality time is more important he said) and threatening me that our child cannot go to a language school on saturday(international couple’s child) and our child cannot have hair cut if ex-to-be doesn’t want to.. and that’s the law he said. I look after him Mon-Sat afternoon. My ex-to-be will have Sat night until Sunday full day. I have gut feeling that he will say not for everything using my child as a weapon.(should I put this in a new thread?)

first of all, I wonder the possible scenarios how to be divided in financially? Will it be really 50/50? Does anyone have similar experience?

OP posts:
wannadivorce · 27/11/2019 03:38

Plus he doesn’t want to give me his pension(even if it’s little amount)

OP posts:
wannadivorce · 27/11/2019 03:43

Both houses are on my sole name and he also wants to live in my house until divorce finished saying he wants to be with our child everyday.(he normally plays with our child 10minutes approximately or no play at all but what on earth suddenly he wants to do all that?

OP posts:
Dissimilitude · 27/11/2019 11:48

You need legal advice, your situation is complicated.

You brought assets into the (relatively short) marriage. He has few assets, but has the only income.

What is fair is that you both go your separate ways with enough means to meet the children's needs.

His demands seem unreasonable to me, on the face of it - he wants 50% of the assets, and wants to pay zero childcare whilst having limited overnights with your child? Child maintenance is based on the split of nights.

Again, you need to see a lawyer, but I suspect this will come down to some proceeds of the assets going his way, child maintenance coming your way, depending on the childcare split, plus you being expected to maximise your income over time.

Otter71 · 27/11/2019 12:04

Sounds like bluster. It's a fairly short marriage but you have a child. It may be seen as 50/50 split but maybe not.
If he does 50/50 there is no maintenance either way so maybe suggest that he does that if no maintenance is his primary need
I would however suggest that you need to get universal credit assessment done and start looking urgently at what work you can do in the UK.
I take it he can't live in the rental property?

Ss770640 · 06/12/2019 19:37

You need to chat to solicitor.

Rule of thumb: only profit/loss during marriage is divided by 2. Not everything at face value.

Various arguments can be made in regards to stay at home mum/dad (ie losing a career to benefit the higher earner) but unless your marriage is 5-20 years long, an argument of economic disadvantage will not hold water.

Gather up all pre marital contributions shown in bank statements. Same with pension statements at Starr&end marriage. Write down a simple timeline of relationship to help solicitor develop what is and is not marital.

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