Finances before divorce- How Far back

A question about : Finances before divorce- How Far back

Hi All
A question on behalf of a work colleague who is going through an emotional time with separation from his wife.... and kids.

They are separated, kids and wife living in rented house, he is still in his house, mortgaged.

She has applied and is getting CSA maintenance, however he is asking if she files for divorce how far back in time does he have to produce financial details. Also when would that time start, at separation? Start of divorce proceedings? He had been saving for a deposit to buy a bigger house as a family, but that is a no no now. He wants to keep the savings out of his dear wife's clutches.

As he had bought the house he is living in before they got married, does she still have 50/50 claim to it? Married for 16 yrs, she has moved out just over a year ago.

Being very cunning and clever that she is she has already registered claim to house with land registry so he can't sell or get another mortgage against the proprty (not that he is planning to anyway).

Any advice much appreciated.

Best answers:

• Your friend needs legal advice.
  She's not being cunning and clever, she's protecting herself and her children from an ex husband who obviously isn't going to play fair. She might not have a 50/50 claim to the house but after 16 years she may be entitled to something.
  If she has contributed to the savings for the new home, why would she not be entitled to a share of it ? Even being a stay at home mum counts towards her contribution.
  Your colleague doesn't sound emotional to me, wanting to do this really makes him look bad and quite calculating.
  Why is she the one who will be filing for divorce ? It sounds as though she has already been given some good legal advice, your friend should do the same.
• All matrimonial assets go into the pot for division at divorce. This includes house, cash, investments and pensions etc. The solicitor will ask him to produce financial statements to show what his assets are. His wife will be asked the same. They will then negotiate a Financial Consent Order, which will be an agreed split of the assets of the marriage.
  I would not advise him to try and "hide" any cash as that would be illegal (if caught).