No 50/50 savings split during divorce? Can you keep your own savings if agreed with spouse?

[evelinkiew]

Hi All,
I am reading all the documents on gov.uk about the divorce and wondering about consent order.

Would the court agree that we keep all our sole savings? Or do I have to pay 50% of my savings to my husband after the divorce?

We don’t have a house, we don’t have kids, my husband bought a car and I am happy for him to keep it, apart from that we don’t have any common assets. My husband has low income and I earn 3 times more than he does, because of that I pay for the rent and he pays only for the bills. I was able to save some money during our marriage. He does not have any savings but it’s his own fault as he is a gadget lover.

Has anyone had similar case? Just to mention, my husband doesn’t want any penny from my own savings, but would court agree ?

thanks!

No direct experience but from this board I think the experts willl need to know how long you've been married, estimated value of car and accurate value of your savings

The only thing we split was the house. I had to pay my ex his share of the equity and take a mortgage in my own right. We each kept our own cars, pensions, savings etc. It's probably important that there isn't a huge wealth difference between us so no one walked away with £1000s while the other starved or anything.

Reading another thread the courts will want to know you have both had legal advice and can explain why you have gone for unequal split.

Thanks!
We have never had any joint accounts and we always paid for our expenses by our own. Unequal split is due to the fact that I focused on saving money for my future house while my husband spend all his savings on gadgets, trips etc., Perhaps we should sign the postnuptial agreement prior the divorce to have the financial agreement recognised? Or I am overthinking now?

I think also the length of the marriage is relevant. If less than 5 years they are less likely to insist on 50/50 for shared savings and pensions. Over 5 years they will expect more equity of savings/pensions

Pension also. Courts are very keen on pension sharing.

In your case it’s likely to be a little different to others on here as there are no children involved and no real assets. Much more likely to be able to agree it between yourselves especially if savings is relatively small eg 20k vs say 200k

in reality you are just two independent adults with different earning abilities

The savings are an asset just like equity or a pension. He has a claim for a fair share. Which he can pursue if he wants.

If you agree and there is some evidence of split of some assets in my experience the court will agree. For reasons I won't go into, we had a very uneven split which went through without any comment or challenge as it was what we'd both agreed to. We also did not do any pension sharing despite uneven pensions

The judge might write to your husband to check he has had legal advice on this, if you have a huge amount of savings and he doesn’t.

They did this with me. As I took a lot less than my exh in our divorce so they needed to check I hadn’t been coerced into accepting less.

That’s comforting! He will have legal advice as we are planning to use soliticor to help with the constent order, I am just worried that court will have different view