Share of assets after divorce

[cato40]

Hi,
Hope someone could advise? Found husband cheating and thinking of leaving him. Been married 14 years. We have two small kids, both work full time, I earn a little bit more, I have savings he has debts from credit cards (not a lot but he never wanted to pay off, long story) and when we bought our home we decided to split ownership 75/25 in my favour as I sold my property to buy with him and contributed more to the purchase (written on deeds). I have read in a separate thread that in English courts the split is never more than 60/40. Does that mean that he is going to win a prize if I leave him for being a cheat (and wasting his money) and I have to pay him off for the peivilege?
We are not reach and going alone will be financially tough for both. Thanks to anyone that will reply.

Whoever said the split in the English courts is never more than 60/40 was wrong. It can be 70/30 or even 80/20. However, the fact he has been unfaithful will not be a factor in determining the split. You need to see a solicitor. When they are in possession of the facts they will be able to give you some idea of the likely split.

When you marry someone the law starts seeing all your property as jointly shared (as reflected in 'all that I have I share with you' in the vows). Like PP said above, divorce settlements are blind to the reasons for the divorce and are not devised to punish an erring spouse. You've been married quite some time and have children together which will pull the settlement towards an assumed start point of 50:50.

Thank you, wow that' sucks :-(
I suppose that is probably why some people stay married then...
Re the vows we got married abroad in a country where the law allows for separation of assets in case of divorce, and we have it in our wedding certificate, but I hear that is not valid under English law...

If you divorce in the UK, the finances will be decided under UK law. I am not entirely clear exactly what has happened about the 75/25 split ownership of your home and whether you purchased before or after marriage so I can't say whether the courts would take that into account.

We bought the home after we got married and agreed to split ownership 75/25 in the deeds because I contributed by selling a home I was single owner of and using the profit from that sale toward the deposit for the home where we live now. We bought this house 5 years ago.

It sounds like you have a declaration of trust. The courts will take it into account as an indication of your intentions, but they won't be bound by it, particularly as this is the marital home. A post-nuptial agreement would have given greater certainty.

The first priority for the courts will be to make sure everyone has a roof over their heads.

As per my earlier post, you really need to consult a solicitor and get some proper advice.