Divorce settlement?

lollypop29 · 2021-10-25T10:17:10+00:00

Hi everyone Am I entitled to a divorce settlement from my husband if he has owned his property for 10 years before we got married? We have only been married for 2.5 years but I have left due to abuse. We have a 1 year old together who will be living with me. Thanks

Couldhavebeenme3 · 25/10/2021 11:21

Yours will likely be classed as a short marriage, where you leave with what you came with. Were you living together before marriage?

Original poster

lollypop29 · 25/10/2021 11:22

@Couldhavebeenme3

Yours will likely be classed as a short marriage, where you leave with what you came with. Were you living together before marriage?

Even though we have a child together?

I need to house our child.

OP posts:

Fireflygal · 25/10/2021 11:32

Reasons for divorce are not a factor as it's a non fault basis for finances. Length of relationship, including time living together pre marriage is a factor.

How long did you live together in total?

Generally courts favour clean break and encourage both parties to maximise earnings post separation. Your Ex will pay CMS and you may be able to get equity based on your time together.

Do you have a solicitor?

Original poster

lollypop29 · 25/10/2021 11:33

@Fireflygal

Reasons for divorce are not a factor as it's a non fault basis for finances. Length of relationship, including time living together pre marriage is a factor.

How long did you live together in total?

Generally courts favour clean break and encourage both parties to maximise earnings post separation. Your Ex will pay CMS and you may be able to get equity based on your time together.

Do you have a solicitor?

Yes. My solicitor said to me I would be entitled to a pay out as we have a 1 year old child together.

We've lived together for 3 years

OP posts:

Original poster

lollypop29 · 25/10/2021 11:34

Solicitor also said court won't see it as a clean break as we've got a child together they'll look at how to house the child and how to make it so both parties live the same standard of lifestyle as before.

But I've had advice from 2 solicitors. One said the same as you have said above and one said I am entitled to what I've just written

OP posts:

AnneLovesGilbert · 25/10/2021 11:34

As you’re paying your lawyer for advice on your situation you need to ask them.

Original poster

lollypop29 · 25/10/2021 11:36

@AnneLovesGilbert

As you’re paying your lawyer for advice on your situation you need to ask them.

I'm not paying, I've got legal aid.

I'm in the very early stages of divorce. I only left my husband 2 days ago and have only spoken to solicitor for advice so far...am starting with a solicitor this week but trying to sort legal aid documents out at the moment

OP posts:

AnneLovesGilbert · 25/10/2021 11:39

Ah x post.

What’s your ex saying?

Original poster

lollypop29 · 25/10/2021 11:41

I haven't told him I'm fixing for divorce yet 😓

He's horrendously abusive and when I've mentioned it before he said to me he'll make sure I get nothing.

He said to me he only hasn't divorced me yet as he feels sorry for me that my dad died recently ...he's very nasty and I just want out but can't face being married to him any longer in the hope to get more financially!

OP posts:

Rosemaryandlemon · 25/10/2021 11:42

It is impossible to say what you’ll get on the brief details provided.

Just because your spouse owned the property before marriage does not necessarily mean you will not be entitled to a proportion as the marriage was short.

The court will look at lots of factors in determining what to award (s25 Matrimonial Causes Act). The first priority of the court is the needs (which includes housing) of any minor, but it’s not the only factor.

Your solicitor will go through all the documents, find out more about you and your spouse and can advise you what you will likely achieve.

Couldhavebeenme3 · 25/10/2021 11:43

He will be required to pay child maintenance and you may be entitled to a share of the increase in the property value for the time you were married, but that's not going to be a huge amount unless prices have skyrocketed in the last 2.5 years.

It sounds like he was quite financially secure before you got together, what was your situation 3 years ago op?

Fireflygal · 25/10/2021 11:44

It really does depend on the finances which your solicitor will have full details of so if you have been advised you will get some settlement then I would take that advice.

Has your Ex proposed a settlement?

Divorce settlements in the UK has tightened up considerable since 2015 and as mentioned earlier you will be expected to maximise your income and typically given 3 years to do that.

Also so much will depend on how much your Ex fights this. Going to court is expensive around 25k so if you can get a settlement beforehand that's worth it.

Original poster

lollypop29 · 25/10/2021 11:45

Yes. He's very financially secure. Earns 200k a year and has an 800k property. I have nothing. I'm 10 years younger than him and I was between leaving/starting a new job when I fell pregnant so I never returned to work and didn't need to work as we were good financially.

OP posts:

Couldhavebeenme3 · 25/10/2021 11:50

Also, courts are in fact very keen on clean break settlements, especially after short marriages, to ensure that both parties are able to move on.

As I said before, in short marriages it is very unlikely that you would be granted such a chunk of marital assets - mostly as these were accrued by him before you met, and that both parties shouldn't expect a huge change from their position before they entered the marriage.

The fact you have a child together means that you are both expected to provide for them, by way of maintenance from the non-resident parent to the main resident parent, and that both are expected to maximise financial opportunities. Not by taking a huge chunk of cash from one to pay off the other.

Original poster

lollypop29 · 25/10/2021 11:51

@Couldhavebeenme3

Also, courts are in fact very keen on clean break settlements, especially after short marriages, to ensure that both parties are able to move on.

As I said before, in short marriages it is very unlikely that you would be granted such a chunk of marital assets - mostly as these were accrued by him before you met, and that both parties shouldn't expect a huge change from their position before they entered the marriage.

The fact you have a child together means that you are both expected to provide for them, by way of maintenance from the non-resident parent to the main resident parent, and that both are expected to maximise financial opportunities. Not by taking a huge chunk of cash from one to pay off the other.

How do you mean maximise financial opportunities?

OP posts:

Couldhavebeenme3 · 25/10/2021 11:57

I mean, to find work.

Quick look on the cms calculator suggests that (assuming he has income of £200k, no other kids, and child stays 2 nights a week) he could be liable for over £1000 a month in child maintenance.

Am £800k house may well have increased in value quite a bit since you married, so there may be some possibility of reaching an agreement of a share of this increase (eg House was worth £750k 2.5 years ago, now worth £800k,you might get half of the difference, so maybe £25k. Which could be more than it would cost to drag it through court).

Do you mind me asking on what grounds you are applying for legal aid?

Couldhavebeenme3 · 25/10/2021 11:59

What sort of place were you living in before you moved into his property?

Original poster

lollypop29 · 25/10/2021 12:20

@Couldhavebeenme3

I mean, to find work.

Quick look on the cms calculator suggests that (assuming he has income of £200k, no other kids, and child stays 2 nights a week) he could be liable for over £1000 a month in child maintenance.

Am £800k house may well have increased in value quite a bit since you married, so there may be some possibility of reaching an agreement of a share of this increase (eg House was worth £750k 2.5 years ago, now worth £800k,you might get half of the difference, so maybe £25k. Which could be more than it would cost to drag it through court).

Do you mind me asking on what grounds you are applying for legal aid?

Domestic violence - hence the divorce

OP posts:

Original poster

lollypop29 · 25/10/2021 12:20

@Couldhavebeenme3

What sort of place were you living in before you moved into his property?

I had my own career in London and was living in rented accommodation x

OP posts:

Couldhavebeenme3 · 25/10/2021 12:29

I had my own career in London and was living in rented accommodation x

So you should, with some delicate planning, be able to resume your career, and find suitable accommodation?

Unfortunately behaviour rarely affects the financial outcome on divorce. Well done on making the break, with all that's ahead you might not think its such a big step, but it really is.

I haven't posted to scare you, but to hopefully manage your expectations from the separation and divorce. My (first) solicitor promised me the world, but after a lot of research I saved myself a lot of pain by being more realistic about what I could expect. Every case is different of course. Try the wikivorce website and forum for free, usually realistic and professional/experienced advice, and an empowering solicitor who will be able to build your confidence back up again. You can do this!

FelicityPike · 25/10/2021 12:37

Go back to work and rent.
That sounds a little harsh but it’s true.
As others have said, don’t rely on getting a share of his house, pension etc after such a short marriage. He will only have to pay child support if he has his child less than 50/50.
Is this something he’s likely to ask for?
Where are you and the child living just now?

Owwasme · 25/10/2021 12:43

@Rosemaryandlemon

It is impossible to say what you’ll get on the brief details provided.

Just because your spouse owned the property before marriage does not necessarily mean you will not be entitled to a proportion as the marriage was short.

The court will look at lots of factors in determining what to award (s25 Matrimonial Causes Act). The first priority of the court is the needs (which includes housing) of any minor, but it’s not the only factor.

Your solicitor will go through all the documents, find out more about you and your spouse and can advise you what you will likely achieve.

Agreed. OP, you might be better off asking this to be moved to Legal Matters for more than just anecdotal advice, but your solicitor is the best person to ask in all honesty. If things can't be dealt with between you both amicably (unlikely because of DV), it'll really be down to the Judge in court on the day.

DiamondBright · 25/10/2021 12:59

Don't lose sight of the fact that CMS is only until your child is 18 (unless otherwise agreed) so don't base your lifestyle on a big monthly CMS payment or you'll be in for a shock later. If he dies of course CMS stops or his circumstances could change, him having more children will reduce CMS for example.

millymolls · 25/10/2021 14:17

What do you think you should be entitled to after just 1 year married ?

Fireflygal · 25/10/2021 14:28

I haven't posted to scare you, but to hopefully manage your expectations from the separation and divorce. My (first) solicitor promised me the world

I agree with this. It sounds like we are being harsh but it could be the reality. The principle of divorce for a short marriage is to largely restore lifestyles as before marrige however as you have a child then there will be some consideration - but usually enhanced child support, over and above CMS. Often abusive men really resent giving money to an ex wife but might be more amenable to extra child support.