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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 law totally flawed

29 replies

Thelawisanass · 16/09/2021 22:39

Married 6yrs, together 19. 17 yo son; 18 in 3/12. Ages 60 & 64
Comfortably off, but unable to agree financial split but want to avoid lawyers.
Financial disclosure Form E shows:
A: Pension value £154k = £5.8k pa, Cash & assets £740k, Total £894k

B: Pension value £819k = £41k pa, Cash & Assets £487k, Total £1306k

What would be a fair financial split?

Thanks for your thoughts.

OP posts:
MrsBertBibby · 18/09/2021 15:13

Quite what a court will do depends on the very specific facts, and the judge has a wide discretion, but I think it unlikely a judge would surgically remove all of one party's extra cash as A suggests. A might get a bit more than B, as inheritance can be treated differently to matrimonial assets, but that doesn't mean A's approach is right. Ultimately, the judge has to find a solution that is fair. Generally, that means a middle way of sorts.

TheReluctantPhoenix · 19/09/2021 11:29

You did not mention property in your OP. Is that included in assets or not?

If it is, then, depending on how much you live on now, they may need to split the inheritance to maintain your standard of living.

Although £2mio sounds a lot, split two ways, it does not allow a huge standard of living over 25 years or so (your life expectancy). Have a look at annuity rates, which is what lawyers will use.

HosannainExcelSheets · 19/09/2021 20:09

You really need to get a lawyer involved. Nothing is ringfenced in English divorce law. There are different categories of assets (non marital and marital) but after a 19 year "marriage" that distinction blurs a considerable amount.

Any settlement should work out with you both having adequate provision for the here and now, and for your retirement.

Get lawyers, consider mediation and/or collaborative law.

BatshitCrazyWoman · 20/09/2021 05:43

@ThisIsStartingToBoreMe

For a short marriage of 6 years you might both have to leave with what you came with
They've been together for 19 years - the period of cohabitation before marriage is included.
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