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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6589
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, My wife is leaving me. We have no kids. We have been

Customer Question

Hi,

My wife is leaving me. We have no kids. We have been married for 11 years. She has had an afair and wants to move in with him. During the time yogether she knows I paid for everything and that she has cost most out of our assests. She also knows that a pub she ran cost about £100k in a year three years ago. I had nothing to do with the pub as I had my own job. There is about £80k of assets left. I know she has a claim to 50% none of the above matters. However, her new man is OK has his own home etc. Sam doesnt want me to lose out. It is also as friendly a divorce as is possible.

Will a judge allow Sam to sign a clean break whereby my pension, house, morgage etc goes to me and leaves her with no claim on anything. That is what both of us want.
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Are either of you to be legally represented?

 

Tom

Customer: replied 3 years ago.

Hi,

 

No so far we are just talking things through between ourselves, we are still in the same house as she cant move in with her new man until April. I am going to the states for 10 days on Friday then we plan to go together to a Citizens advice people and ask for advice on how we can do this amicabbly. We then plan to come to a mutual agreement. In the background I will go to an independant solicitor for my own piece of mind and to make sure she cant come back in 10 years when I pay off the house but both want to stay friends and not have any problems.

 

 

Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

If requested a judge can make an order that would is less than what perhaps one of the parties could achieve if they were prepared to fight for a the maximum achievable share of the matrimonial assets. They are much more uncomfortable about doing this where the party receive the lesser share is not legally represented. If they are legally represented then the judge will consider that the party has received the appropriate advice stating that they could probably achieve a greater amount.

 

IN this case it is likely that your solicitor will draft an order for the approval of both parties and submit it to the Court. If you wife is still not legally represented then the judge would certainly want to get her in and check personally that she fully understands the implications of the decision and that she will not be able to come back at a later date in order to claim more. They would not be comfortable making an order if they suspect she does not comprehend the gravity of the order sought.

 

Provided she can satisfy the judge that she understands the situation without being legally represented then in all probability they will make the order

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,

 

Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6589
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you that clears things up for me.
Expert:  Thomas replied 3 years ago.

You're welcome.

 

As I say, it would help for her to get advice from a matrimonial solicitor. She can do this only in respect of the settlement side if she wishes.

 

Tom

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Thomas
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BA (Hons), PgDip, Practising Solicitor