Divorcing after 1 year

Hi,

Myself and my wife married last december after an on-off relationship over a number of years.

Sadly we've realised that marriage doesn't make good the problems that had plagued us previously and after a difficult talk we've agreed that we've made a mistake and need to move on.

She isn't materialistic in any way and is adamant that she doesn't want anything that wasn't hers before the marriage. I've told her i want to help pay towards her monthly bills if/when she moves out regardless.

We are both happy to go the diy route but i'm wondering what will happen with a judge when we say we want to walk away with a clean break and no claim on each others assets.

Here's a run down of our situation:

1) The house is in my name bought 18 months ago with around £60k equity.

2) I earn around £65k pa

3) My wife earns around £14k pa plus around £3k pa CM from her ex

4) I've got a reasonable pension, she's got a smaller one

5) My wife has got a 10 year-old son from a previous marriage and receives child support from the father who is still in contact

6) For as long as my step-son is willing i'd like to maintain contact as i'm very attached and enjoy a good relationship.


Is the court system likely to wave us through with our agreement or are we liable to be ensnared in their efforts to impose a more 'equitable' division of assets?

Its a short marriage for sure but how long have you both lived together?.

When you both agree the judge considering the consent order will be keen to make sure you both fully understand the agreement rather than stand in the way as it were.

What help are you offering post divorce financially?.

Many district judges are weary of consent application from parties who are not represented and the agreement is disproportionate.
You will both have to disclose your income and assets and the judge will be concerned that the outcome proposed sits well with statute and relevant authorities.
I would recommend you get advice when it comes to the financial order, and that the judge is provided with as much relevant information as possible.
Hope this helps

alfie,

Judges ratifying consent orders are obliged to ensure final divorce settlements are within criteria set out in s25 Matrimonial Causes Act 1973. The welfare of children of the family is the priority and there is no discrimination between types of children. "Children of the family" means all children who lived with the divorcing spouses as though they were family and aren't just natural children of the relationship.

Each case is different and turns on the particular facts. The natural father is paying CM but the court is required to ensure that there are adequate arrangements for meeting your step-son's housing needs. This is often in the form of a lump sum payment to use as a deposit to rent or purchase a property and to pay for items of furniture etc required in setting up a new home.

It might be an idea consulting a solicitor to find out where you stand and what options there are given your circumstances. Then if you want DIY you can negotiate directly with your wife from an informed position and any agreement is likely to translate more readily into a consent order.

Thank you for your advice, i'll show it to my wife.

I didn't really expect it to be as easy as just walking away as we found each other.

Lesson learnt for both of us I think.

I'm sat here with my wife and she's read over the posts and she's suggested that we provide a figure in our application that will be sufficient to satisfy the legal system.

As a rough estimate what sort of lump-sum would we need to specify?

She finds it difficult to believe that the courts will intervine where 2 adults can provide for themselves and want to walk away amicably after ensuring that she's been set up with her step-son in suitable accomodation.

I was always a little more cynical about the states willingness to allow it.