Need Advice

Hi All,

I have recently been going through a divorce with my ex-wife and has turned out quite long winded.

I was married to my ex-wife for just under three years. Having realised that she had entered the UK via fake documentation with her south african passport being revoked. It was obvious that she wanted to get married just to obtain UK citizenship. Within the three years, she had not worked and was at home with no financial contribution what so ever. The divorce was done via solicitors, and it has come through, but my ex-wife's solicitors have now asked for financial information either voluntarily or through the courts. My question is, would she be entiteld to anything i have?

If i have missed any detail, please ask.

Thanks,

Hi,
I think this will now depend on whether the matter of her comitting fraud is being investigated by Immigration? Is that the case?

If your marriage was a 'normal' one, and with no children, regardless of who has contributed the assets would need to be declared on both sides and the starting guide is 50/50.

Hope you get this sorted out.
Regards
DA

hey,

it is currently being investigated by immigration, and her passport has already been revoked which would mean she in in the UK illegally?

I need to chase this situation up but with this in mind, the 50/50 would not apply?

Seems you have the decree absolute. In such a short, childless marriage, each party goes away with what they brought in.

So I dont think you need to respond to the solicitors. Wait till they start formal AR proceedings, then you will need to respond to the court ti­meta­ble but you can always come to an agreement before. I think the she is just trying it on to see what she can get.

Of course you should aim for a clean-break consent order to prevent future claim and may need to offer something to get this but don't rush into responding yet.

I don't agree with the above. The principle for short childless marriages was set in a case Foster v Foster. In the ruling the judge went on to say that the duration of the marriage is only one of factor from the checklist in s25 Matrimonial Causes Act 1973 and the court must give regard to them all.

Courts consider modern marriages as a relationship of two equals and the contributions of a homemaker and/or child carer are considered equal to that of a breadwinner. When one spouse has relocated, given up a job or taken a less well paid one for the benefit of the relationship then it isn't seen as unreasonable for them to claim *something* towards rehousing and readjustment to independent living.

How successful such a claim is depends on the specific details - the value of assets held jointly or solely, respective incomes, the duration of the relationship and ages. It can be quicker and less expensive in the long run to arm yourself with the correct information given the particular circumstances and negotiate an agreement.

There is no law in England & Wales that assets are split mathematically 50:50, or at least it's an oversimplification of the law.

but she has never worked and came here on a student visa where she never studied (false documents also suggested she never went to college and cannot speak english). I have no children with her and the marriage was under sever stress due to her behaviours.

Forgive me for asking, but why did you marry her?