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pending divorce settlement problem

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JDS200362 | 14:09 Tue 12th Jan 2010 | Law
4 Answers
Hi,
My friend and his soon to be ex wife are having terrible rows about settlement.
They have been together for 25 years. The children are left the home and are self sufficient.
He wants a divorce to to unreasonable behaviour and (as yet not admitted) adultery and has left the home to live in tempory accomodation.
She has had jobs in last few years but doesnt like to work and says she suffers mental ill health to work.
He still pays the mortgage and bills.
He has seen a solicitor once to clarify proceedings.
She has now seen a solicitor and has told him that due to her 'ill health' that she will be entitled to more of the share of the home when it gets sold.
She has a property abroad and he has his boat here in the UK.
All he wants is to be able to keep hold of his boat , have half the value of the house and be able to move on with his life but she wants to keep property abroad ( which he does not dispute) have half the value of the boat and substantially more than half the value of the house.
Is she right?
and how should he proceed from here.
Communication has all but broken down even though he goes to speak to her but it ends up after a few minutes of her shouting and screaming.
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Sorry, but looks like the lawyers will make a packet!
If they were both willing, they could try mediation, which would be a lot cheaper than fighting it out in Court with barristers etc! In a lot of areas there are family mediation services which deal with this sort of thing.
As has been correctly stated, there will be only one winner in this - the legal profession.

Do what you can to try to persuade them both that the more they can agree now, the less it will end up costing them in the long run...
He can file for divorce in his local Courts - it'll be done in 3mts @ £250approx. Magistrate can force sale of home & divide 50/50, if agreed. Other asset division will be decided at same time - she could lose out on foreign home if she insists on boat.

Tell him to live separately - more chance of 'quickie divorce'. 'Unreasonable behaviour' - not good reason; usually its 'marital breakdown'.

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