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I am english and so is my wife. we were married in the USA,

is our marriage legal in...
I am english and so is my wife. we were married in the USA, is our marriage legal in the UK. We never sent the certificate to the registry office. The reason i ask is that we are separating and wondered if i need a full divorce?
We have a £158000 mortagage and the house has been valued at £185000, so there is not a lot of assets if we were to sell up and split. we have an idea that my dad buys the house and pays off the mortgage and then my wife rents the house back of him, we have twin girls of 10 years old, this would mean it is less traumatic for the children. what i dont want is my wife then coming back for half the house if it ends up in my dads name?? What if he gives me my inheritance early and pays off the mortage and the house then becomes mine, how will i stop her trying to claim half or more back??? is a separation agreement legal for these type of scenarios???
Many thanks
N
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Answered in 58 minutes by:
6/24/2010
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
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hi

where do you live now

claire

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Customer reply replied 8 years ago
hi
i live in bedfordshire, United Kingdom...

hi

how long have you been married/cohabiting

claire

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Customer reply replied 8 years ago
Married for 9 years living together for nearly 11 years.

hi

you are indeed legally married here in the uk and will need a divorce

i am afraid that in the event that you separate then your wife will be able to stay in the matrimonial home in any event and you will have to wait until your daughters are 18 before you receive any money from the house

there is little point in taking the route you have outlined as any solicitor would advice her against it

claire

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Customer reply replied 8 years ago
Hi

Does that mean that we cannot sell the house in any event, even if we decided amicably to split and share the assets even in her favour.
Will the solicitiors and courts let her stay in the house and I will have to pay the mortgage and child maintenance? I will of course do what ever i can can for the children but if I have to pay the morgage as well I wont be able to live myself. My wife works 25 hours per week and she cant afford to pay the mortgage either?

Does it make any difference if she has comitted adultry?

Many Thanks for your time..
N

hi

if you both agree then yes the house can be sold

you will not have to pay the mortgage and child maintenance - and you wife may well be entitled to other benefits

i am afraid that the adultery is only relevant if she is intending to set up home with a new partner

claire

Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
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Clare and 87 other UK Law Specialists are ready to help you
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Customer reply replied 8 years ago











Hi
For the sake of the kids the ideal scenario is to leave them at home where they are settled as this separation will effect them for sure. If my wife stays in the house and wont have to pay the mortage, who will pay it if she cant afford to, and I wont be paying it???
She has agreed in principle to a fixed sum of £15000 which is the profit in the house as it stands and some extra for a New Car. If My dad pays off the mortgage and we agree to put the house in his name, will that stand up if she has had a share of the assets anyway. She has agreed to this in principle and really just wants to stay in the house for the kids not for the money, so she says at the moment. I trust her in that sense but you never know what the future holds.
I Know that these things are always in the favour of the wife when children are involved, which is fair enough. She has agreed to pay a reduced Rent value as part of the deal. EG £650 when actually this house would rent for probably £800. Our mortgage payment at the moment is £852.
My Father, Wife and I want to know whether this is legal or would she be able to claim back part of the house when we finally get divorced in two years. I say two years because i undrstand that through a separation you normally wouldnt get a divorce until 2 years of separation. (unless Adultery, Desertion or Violence) of which we have none of these.

Sorry for email tennis.

Thanks
N









hi

she would have to pay the mortgage - but may well be entitled to state benefits in order to do so

if you do decide to go this route then you need to have a separation agreement drawn up setting out the terms so that there is no chance of a further claim in the future

claire

Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 35,302
Experience: family solictor with 25 years experience
Verified
Clare and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
Hi

One more thing, Firstly thanks again for the advce and help, but I should obviously see a solicitor right?

I have seen these online separation agreements, are they any good, or should I always use a afce to face meeting with a solicitor? Obvioulsy the whole cost thing s worrying me and my wife thats all.

Kind Regards
Neil

hi

it would be most sensible to see a solicitor face to face to ensure that you get the order that you want and need

it should only cost a couple of hundred pounds but would guarantee that you get what you want - or can claim compensation if not

claire

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