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Walking away from marriage

9 replies

Gawainsgirl · 07/07/2014 23:07

My husband and I have agreed to divorce. I am unemployed but wasn't eligible for JSA as husband was well paid. He sold marital home recently and I am going to have to fight for any share, as I wasn't on the deeds and it was mortgage free. We are living in a rented house.

Where do I start to negotiate some money to be able to walk away? No children, married 2 years.

OP posts:
CogitoErgoSometimes · 08/07/2014 08:49

You need a solicitor and quite urgently. You may be able to negotiate a settlement privately but you need professional advice to make sure that you are not selling yourself short. If he is cooperative it may not end up in court but, if he is obstructive, that's something you should be prepared for. Was the house owned by your husband prior to the marriage?

Gawainsgirl · 08/07/2014 12:42

I've been told that I'll need money for a solicitor as there's no legal aid, so in the first instance I'd need some money to pay her. Yes my husband owned the house.

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TalkinPeace · 08/07/2014 13:37

I believe mediators are now compulsory.
Go see a solicitor and get the first half hour consultation and then get referred to a mediator.
Yes, it will cost money, but you'll get back much more than you spend.

CogitoErgoSometimes · 08/07/2014 13:40

If you ring around there are some solicitors that will offer a free initial consultation from which you can get a good idea about your rights and reasonable expectations. If you have no money, you can recruit a solicitor on the basis that their fee will come out of the marital assets. If your STBXH pre-owned the house and you were only married two years your entitlement will be limited but it is still worth making a claim.

Suzietwo · 10/07/2014 21:50

If he has capital from ex family home you'll have a good claim for legal funding from him.

Go to solicitor. Tell them your story. Let them worry about getting paid. They'll soon tell you if they don't think you have a hope (I think you do)

Gawainsgirl · 12/07/2014 13:29

Thank you all - solicitor on Monday xxxx

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EarthWindFire · 12/07/2014 17:21

Yes, it will cost money, but you'll get back much more than you spend

Not necessarily in a short marriage with no children, which is the case here.

PintOfWine · 12/07/2014 17:25

Not sure why you think you're entitled to property he owned before he met you, based solely on a very short marriage (given you need to be married a year before you can divorce) and no dependants.

EarthWindFire · 12/07/2014 17:52

Not sure why you think you're entitled to property he owned before he met you, based solely on a very short marriage (given you need to be married a year before you can divorce) and no dependants.

I agree. In short marriages with no dependent a you usually take out what you have put in.

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