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Legal matters

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Advice on separation of property and assets

1 reply

Ash050992 · 05/05/2021 00:52

My sister is meeting her ex-husband this weekend to try discuss and agree upon the division of property / assets privately and asked if I'd look for any advice on what she needs to cover from people who might be familiar with the situation.

For a bit of background my sisters from India and been in UK 10+ years but still has little confidence when it comes to English or legal matters so relies on me a lot (even though her English is pretty good and she is very smart so does actually understand a lot of the legal stuff too). She worked a lot to bring money in before and after they had their one and only child, who is now 9 and has stayed with his mum after his dad left over a year ago. As he got older she started working less to care for the home, husband and child more (ex-husband was originally in India at the start of the marriage for 4 years as his visa had expired) and since her ex-husband left has had to reduce her hours further but she does get benefits now. Her ex-husband does have regular contact with their child but hasn't had him stay over as he dosen't have much space where he lives currently and it's not hard for him to drop the child home and collect him again the next day.

She's emailed her solicitor to inform them that she'll be meeting her ex-husband to discuss the property/asset split, which the solicitor had encouraged her to arrange, but she thinks the solicitor may not get back to her in time to confirm what she needs to discuss (as she's not given the solicitor much notice and they're usually so busy we have to chase them multiple times over weeks for a response).

My sister doesn't think there is much to actually cover besides agreeing on shares of the 1 house they own, as they did not earn lots so have no savings (or any savings that she's definitely aware of as she knows he used to send a lot of money to his accounts and family in India but that and his property there would be impossible to determine without his help), her ex-husband didn't want anything from the house apart from his laptop (as a lot of the big items had been hand me downs or bargains) and she's happy for him to keep the car if it helps her pay a bit less for his share of the house. The only other thing I've thought she needs to consider as well is any part of his pension she's entitled too.

She understands this is only the first meeting so it's not essential to tick off everything now (which is also why she doesn't want to delay it) and she's sure her solicitor would feedback on anything she missed discussing before finalising any agreement but it'd be good to get every thing raised to begin with, so any thoughts on anything she might have missed considering would be welcome.

Thanks.

OP posts:
Collaborate · 05/05/2021 09:15

She should wait until she can speak to her solicitor. Asking anonymous forum members for advice that she might rely on is dangerous, and more so given the paucity of information.

It is too early to negotiate settlement. She should concentrate on getting from him a clear picture of assets and income, with evidence in support.

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