DIVORCE - Can anyone please advise me re divorce and the connection (if any) between admitting fault and dividing assets?

[MadreInglese]

I would appreciate it if someone can give a little advice here.

BIL's wife has left him, they've only been married about a year and he adored her and did everything she wanted to keep her happy so is understandably heartbroken. He had hoped they would get back together but she has now announced that she's divorcing him on the grounds of adultery and mental abuse (I'm guessing it would be unreasonable behaviour stated rather than 'mental abuse').

The family (not the mafia, honest!) are advising him to argue it as he hasn't been unfaithful or abusive towards her and the general feeling is that if he admits fault he will end up having to give her a load of money (this is what she thinks also). The thing is, they have no assets, they have more or less 100% mortgage and a stack of debts.

Will it be detrimental to BIL if he just swallows his pride and goes with what she wants and gets a quick divorce? Eg if he agreed with the grounds she's stating could she end up walking away from all the debts and him being lumbered with them? I didn't think so but am not sure...

The concept of fault in ancillary relief (money) proceedings only exists where it is financially relevant, so eg where one party has run up massive debt in joint names or has blown joint savings on something for themselves.

Otherwise, frankly the court doesn't give a stuff whose "fault" it is that the marriage has broken down.

In a short marriage, the court will generally try to put the parties back into the position they were in if the marriage had never taken place, IF there are no children.

If the petition makes allegations against him of financial mismanagement, then his solicitors will try to have those allegations struck out before it is actually filed at court.

they have no children

in her money grabbing frame of mind naivety she thinks that because the house is worth £200K if they get divorced and she says it's 'his fault' then she will get £100K from him (eg half of the value of the house rather than half of the equity, which is zero)

AFAIK the debts are the mortgage and loans to do up their house and pay for their ridiculously lavish wedding

There is no connection between the grounds for divorce and the financial settlement. She won't get any more money because he admits to being at fault. If she thinks she will she is in for a shock.

Given that they have no assets it will be in both their interests to agree the grounds for divorce and the financial split themselves, leaving the lawyers to simply draw up the documentation in accordance with their wishes. If they get their lawyers to negotiate or, even worse, go to court, they will end up even more in debt than they are already.

Your BIL should consult a solicitor who specialises in family law. Many will give an initial half hour consultation for free. He should also check if he will be entitled to legal aid.

"There is no connection" - except, of course, in the kind of situation Mumblechum outlines, but I presume that doesn't apply here.

thanks all, that's reassuring

so if she doesn't budge (I have a feeling she won't change her mind and compromise or agree to anything) will he have to agree to the grounds she has stated in order for the divorce to happen?

the financial mismanagement exception, would that be something like if she could prove all the debts were his and she had no knowledge of them?

As always, agree with Mumblechum and Babybarrister Not a conduct case at all from what has been said.

BB where have you been? Not seen you on here for ages! Has real life got in the way?

ooh, fingers crossed for you

babybarrister,
i assume you are a lawyer? if so, can you tell me something - i have been trying to get my lawyer to answer this but she has not got back to me for 2 weeks and its killing me - my husband suspects i will file for divorce when i get back home and may have transferred 2 properties of his to his mom's name - can he be caught out on this? we have 1 child

BIL can agree that the marriage has broken down but disagree with the allegations and reserve his right to defend them at a later stage should they be raised again.

rita, I'm not a lawyer but when there is evidence that property has been transferred to other family members in order to prevent/reduce a spouse's claim to financial relief the courts can set aside the disposition or the value of the property can be offset against other assets.

Hope that helps.

I suggest that your BIL asks for mediation.

Rita - I've just answered this on your other thread! Unless his mother pays the full market price for the properties they will still be regarded as assets of the marriage for the purposes of the divorce, as STIDW says. It will be up to him to prove that the transfer was valid and wasn't simply a way to try and hide assets from the divorce courts.

You should get as much evidence as possible to show that he owns these properties. The Land Registry entries should suffice but any other evidence you can get will help.

thanks, prh & stidw :)

just to be 100% clear - assets transfered before the divorce petition is raised by me, can be investigated as well? i am visiting family right now outside of UK so feel so disconnected right now. cant do anything until i get back home and see a lawyer!

sorry, madre for hijacking your discussion.

Yes, any assets transferred at any time can be investigated. For transfers made up to 3 years before the application for ancillary relief (i.e. the financial settlement) it is up to him to prove that it was legitimate. With older transfers it would be up to you to show that the transfer was intended to reduce your settlement.