divorce question

[Suzy~Q]

In the last month or so I asked my husband for a separation and have today found out that he's seeing someone else. Can this work in my favour regarding financial settlement? He's still looking for 50/50 but earns twice as much as me.

[lady_p_gold]

They do not bother about such things these days and it will not affect the financial outcome as far as I know - everything you own and everything you owe including pensions (which are often a very valuable part of the settlement)is put into a pot and that will be divided either according to what you agree, or if you don't agree it will be decided by the Court. Depending on your needs, children, future earning capacity etc., the Court will decide what both parties are entitled to. Best to agree though, it works out that the lawyers get a big chunk if you fight !

[Eiffets]

Suzy~Q. I have to disagree with lady_p_gold. The courts do bother with matters in this regard these days. You should seek professional legal advice with regard to your finances and your current situation. Do not under any circumstances agree anything in writing or otherwise with your husband until you have sought advice. If you were to go through court proceedings, not being properly advised, you could risk a secure financial future for yourself and your children (if there are any involved).

[lady_p_gold]

Well I am only writing from experience ... my husband was seeing someone else and my barrister said it didn't make any difference to the settlement as they do not attach blame, they merely look at the contribution of each party, how much was accrued before the marriage etc.etc. The fact that he earns twice as much would of course make a difference and my reply may have not been clear.

[lady_p_gold]

I was assuming also that she would seek legal advice, of course never do anything without that. However if you disagree it can take tens of thousands of pounds in legal fees if there is a lot of equity, best to get a solicitor but try to agree before it gets expensive,