Marital assets

[Spring74]

Hi everyone

I have a weird question about my divorce. Thought I'd covered all bases and was quite well informed but another curve ball sent my way.

Ex hubby to be is claiming marital assets from when we met and started living together (my business assets, savings etc) - however, he was still married to wife number 1 at this time!

My weird question is can you start accruing 'new' marital assets when you are 'still' married to your first wife????

Anyone had experience of this? thanks xx

Interesting one. Dont know answer sorry but interested to find out. Savings i think he'd have little chance of knowing what you had surely. That sounds a bit ridiculous on his part to me. What has your solicitor said? Sounds like he is being a chancer there. Also has he got actual proof of living together if he was still married anyhow? If he wasn't on the bills etc perhaps he wasnt officially living with you.

Re business assets though, i think the onus is on them to prove its worth etc which can be notoriously difficult and expensive, so that may be hard to prove so may not be worth taking seriously either.

He does sound like a chancer. Are these business assets in the form of equipment you need to keep the business going and earn a living? Definitely speak to your solicitor. Good luck

Solicitor was as perplexed as me :-) There are examples of assets being considered when couples co-habit before marriage but don't think she's ever come across someone still being married! We live and learn

Well divirce is based generally on needs and if those can be met without dipping into pre marital assets then they might be excluded . if they can’t then premarital assets can and do get drawn into the pot

will also depend on length of marriage, earnings, children etc to determine a ‘fair’ division

Usually, once you get married, the years you lived together before the marriage, but cohabiting, are considered.

So if you live together 5 years and then married for 3, they would usually look back 8 years. I can’t see why, given you were in a relationship and did live together, his marriage would change that.

But a divorce settlement isn’t just based on length of marriage or timings. It’s so complex a definite answer is almost impossible.

Sounds like a chancer to me

Some people I have come across, who have made extravagant claims, did so on advisement to influence the eventual negotiation. Gives them some things to give up in order to achieve other things.

If you go in with the claim you think is fair, then any negotiation is to your detriments. Start with extravagant claims, you can afford to give up more and still come out on top.

Sorry you are going through this.