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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.

Who pays ?

11 replies

4seasons · 14/08/2023 20:36

DS is getting divorced from a wealthy wife. Most of her wealth / properties are in Europe. They are completing Form E . She is claiming that valuing her properties will cost many thousands of pounds … about £65,000 ! She says that he must pay half the cost of valuation . Is this the case ? I just don’t know enough about the divorce process to know if it’s true.
He has legal representation… I suppose I’m only asking to stop myself worrying … and because I’m not sleeping due to the worry.

OP posts:
nevynevster · 14/08/2023 20:38

I have no clue but either way it will come out of the joint assets so either he pays it now, or he'll effectively end up paying later by a corresponding reduction in settlement

thecatinthetwat · 14/08/2023 20:39

If he is entitled to half the value then yes he has to pay for half the valuation. Odd that it costs that much though.

4seasons · 14/08/2023 20:42

Yes , I think the cost seems high but it is for valuing 20+ properties.
How can this be fair when the cost of doing his Form E is zero !

OP posts:
4seasons · 14/08/2023 20:49

He is not claiming half her properties. He just wants half the equity in the house ( mortgage free ) and to keep his pension if possible.

OP posts:
peanutbutterkid · 14/08/2023 20:58

This isn't making sense.
The couple could make up values on the Form E for the overseas properties, and then make the case to court why he wants / will accept less than half of all assets. If no children are involved and the division doesn't look abusive, the courts will accept it.

peanutbutterkid · 14/08/2023 20:58

how long were they married for? Are there children?

millymollymoomoo · 14/08/2023 21:08

He should be claiming a share of the properties

4seasons · 14/08/2023 22:12

Married for nearly 20 years , 2 children university age. She is very controlling and has been telling their children he is trying to take her money ! Nothing could be further from the truth. I fear she is dragging out the divorce and basically trying to bankrupt him.
I think the best thing might be to go along with this and pay his half of the valuation cost out of any settlement. However , at this rate he won’t be able to buy a suitable property and will have to spend years building up his pension again …. whilst she sits on millions.
They can’t just “ make up “ valuations for her properties for form E as that would be illegal.

OP posts:
vivainsomnia · 15/08/2023 15:45

It doesn't have to be made up. Can't he suggest a realistic figure for each based on the price of similar properties in the area? £65k for evaluations is ridiculous. There has to be a way they can agree figures without wasting all that money.

ricekrispi · 15/08/2023 15:53

When this much money is at stake, legal advice is well worth the fee so he really needs to speak to his solicitor before he agrees to anything.

ricekrispi · 15/08/2023 15:55

And he will get a decent settlement if there's that much money in the pot so try to keep things in perspective. Your role is to support him as he gets the best and fairest outcome.

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