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2.5 years marriage she wants £100k

  • man111
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05 Aug 15 #465050 by man111
Topic started by man111
We were married for 2.5 years no children this is second marriage. I owned my house( had paid mortgage off already) before my wife moved in 4 months before marriage. She was renting a flat and never owned a property before she did not pay any of the utility bills only shared food and holiday money together.
2 years later she moved out we got divorced however her lawyers are claiming that my assets should be divided 60/40
My house which is mortgage free valuation around £275k
I am 60 she is 48 both in full time work she earns £27k I earn £32k
I cashed in my 2 pensions from previous companies total £20k plus my rest of savings total £ 32000
I have 2 grown up children 24 and 26 at uni I give them between £150 and £200 per month each I also have £10000 loan for my daughter at university pay £400 per month.
I went to bamk to get a loan and they give me £25k as my age is getting near retirement and my job finishes in around 1 year and half and does not take me to retirement age.Bank wants me to pay before I reach 66.
I offered her £40000 but she wants £105000 and her lawyer says as has around 11000 in her savings they like to receive £93000 they suggest that I borrow £60k then plus my existing money I should be able to pay her.
Is this fair? My ex never paid any bills my house was bought before I met her and its in my name.
Will court treat me better?
Her lawyers say they court divide my assets into 1/3 approximately
Please can you help me ?
Please tell me what to do
My lawyer has charged me £10800 so far and at the beginning told me don’t worry we only pay her maximum £30k but now that her solicitors come with strong attack he says oh best to pay her £50 or £60k and avoid going to court
I don’t want to lose my house which I worked all my life to own it
Please help?
Do I need a barrister? Don’t know what to do next

  • LittleMrMike
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13 Aug 15 #465330 by LittleMrMike
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I see you haven''t had a reply, so I suppose I had better try.

If the facts are as you describe ( a marriage of two years'' duration, no dependent children, no contribution from her, you''re the higher earner but not by much ) ) I personally would be surprised if she got anywhere near 60%.

There have been one or two cases ( notably the notorious C v C ) where the Courts have made a pretty generous award for a short marriage, but this was a case where a young child was involved.

What we see on wiki is divorcing wives getting 60% or more of the equity, but this presupposes a marriage rather longer than 2 years.

When you say 60/40, who gets the 60 ?

I think that even 40% is too high on these facts and I''d have thought 20-25% might be a bit more likely and even that may be on the high side.

Seems to be a case of a short marriage, and normally if you put little in you shouldn''t expect much.

I''d be interested to know what other wikis think.

LMM

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13 Aug 15 #465340 by Action
Reply from Action
I''m no expert but I''ve always understood from what I have read on wiki that if it''s a short marriage with no children then you take out what you put in. This does all make me very worried if I marry my partner as I own my house outright and he has nothing!

  • rubytuesday
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13 Aug 15 #465342 by rubytuesday
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The duration of the marriage is only one factor and the overall circumstances are relevant; the needs of one party may override the established principle for short marriages - and remember it is a principle, not something set in legal stone.

  • man111
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13 Aug 15 #465349 by man111
Reply from man111
Hi many thanks for reply,
so do you think what she is asking is reasonable?
or should I fight it in court?
what would you advise please

  • man111
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13 Aug 15 #465350 by man111
Reply from man111
Hi
many thanks for reply,
her lawyers asking for around 40% of my entire assets they are asking for around £90,000
i have no pension left as I cashed in both to give her which is worth £20000 in total plus my rest of savings of £10000 total £30,000
i would need to borrow over £60k if this was granted to her.
do you think £45000 is more reasonable considering short marriage just 2 years very little financial contribution from her and no children with her.
I have 2 grown up children at multiversity whom i need to support for few years plus my current job isnt going to take me to my retirement
Regards

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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