Will sons STBEX clean him out ?!

[4seasons]

DIL is wealthy due to family money. DS has a normal job . They are divorcing … 20 yr marriage . He is not interested in claiming any of her money but is concerned she will go for half his pension. She has not shared any of her money during the marriage but has paid for half of things like an extension , car etc. Will she really be entitled to half his pension when she is so personally wealthy ?

Surely he should be going for half of hers if she’s that wealthy?

Yes, I imagine so. It’s her family that’s wealthy not her. All assets will be taken into account

After a twenty year marriage it's likely to be 50/50. Depends if there are children who are still minors involved but as a guide that's a starting point.

My understanding was that all money is considered joint during a divorce, and then assets are split from a 50:50 starting point, adjusted for factors like the need to house children. You don't say whether or not they have kids.

He will need a solicitor but some of this may come down to how much of the family's wealth is hers personally, rather than money she has access to, i.e. does she have a credit card that the family pay off for her, vs dosh in her own accounts.

All the money / properties are hers in totality. They have two children at university. He just wants his pension and half the house …. he paid his half with a mortgage. He really has no interest at all in her wealth. He just wants out. He has been so unhappy …

Is she wealthy (in her name) or are her parents wealthy (in their name and then they give her money).

If she is wealthy then her assets are up for grabs by him and so him just taking his pension and half the house is a great deal for her.

If the assets are in her parents name then she can go after his pension.

First of all, has he got a solicitor sorted? His starting point should be half of everything, including her money /savings / investments, but if half the house and all of his pension is less than that sum, then if he offers to take less for a quick clean break, he’d solicitor will advise her to take it.

the problem is if her family money/investments aren’t in her name.

Finances in divorce are split by need.

Unless she can demonstrate a need for his pension, over and above her own PERSONAL wealth/income, then I think his pension is safe.

He could always counter with 'well after 20 years the starting point for ALL assets is 50/50...'

He has a solicitor, as does she. Her parents are dead and there is no other family. I do hope you are right and her solicitor tells her he is offering a good deal !

Her wealth may be in her name but she added that name to a marriage certificate and thus added it to the marital pot.

Doesn’t matter. Under English and Welsh law, all property and assets are matrimonial- houses, pensions, income, savings, investments, debt

part of divorce process is a legal obligation for full financial disclosure - uses forms E and D81 .

They need to agree then how to split (consent order). If they can’t they go to mediation. If that doesn’t work to court (financial settlement)

whatever they agree or don’t, has to be approved (sealed) by the court and they have a duty to ensure it follows the law (matrimonial act) in giving both parties “fair settlement “.

fair settlement is a list of 10 or so criteria and factors that have to be applied to the split of assets. The starting point is not 50:50 as many assume, but in most cases fair settlement comes out at roughly 50:50

if you go to top of this page you’ll see a MN to ADVICE NOW guides. They cost £20 or so to download. There is one on DIY financial settlement, it is a bit misleading title as it explains process around fair settlement and then the process around obtaining financial settlements. It explains what they need solicitor for, what they don’t, and what they might. There are other guides that are great too on other aspects of divorce process.

yes, they cost, but a solicitor will cost £200+ per hour to get the same information

send him link, or download guides and gift them to him - that’ll help him understand what he can expect out of a financial settlement based on fair settlement and how to get it.

Nope…50:50 is NOT the starting point
why do people keep posting this
the starting point is “fair settlement”.
ok, often that ends up at 50:50- but it is not the starting point

Newlifestartingatlast … thank you so much for this information. It will be very , very helpful. A fair settlement is all DS wants . As I stated before he has no interest in her wealth …. just wants out with as little pain as possible to everyone. I will pass this information on to him . I’m sure his solicitor will have put him in the picture ( I seem more worried than him !) but as you pointed out solicitors’ time is valuable but expensive. Thanks again.