Do the reasons for divorce affect the sharing of assets?

[Stella66]

If one partner was unfaithful, do they still get 50% of the assets? Can the loyal partner claim more. My brother is married, but his wife left him 7 years ago and had a child with another man. She is looking after 2 minor children she had with my brother. She has just filed for a divorce and wants the house which my brother lives in, but they bought together sold and shared so that she gets 60% because she is looking after the children. Can this be accepted by the court.

[woofgang]

I think if she is caring for their children, whether or not she was faithful doesn't enter into the equation...its about protecting the children's wellbeing not hers

[sammmo]

woofgang..this woman was not thinking about the childrens wellbeing..when she dropped her knickers for this other bloke was she? she don't deserve anything in my eyes.. she made her bed she can lie on it..as they would have said before all the do gooders turned up..

[woofgang]

Its not my opinion, its what the courts will say...where there are children involved then the prime concern is their welfare....again not my opinion (although I do agree with that stance)

[woofgang]

Guys, the OP doesn't seem to be looking for opinion but for fact....

[Richard1966]

The reason for the relationship breaking down has nothing to do with the division of assets in the divorce, A 50/50 split is a starting point for negotiations but were children are involved their needs are taken into account. He needs a solicitor.

[fredpuli47]

It is as richard says. The court isn't interested in who did what with whom. All it recognises is that the marriage has irretrievably broken down and that one party finds it unreasonable to stay married.
Who is entitled to what of any of the property, be it a house and any other goods and assets or its proceeds, and on what terms is entirely up in the air once the divorce starts. The court has limitless powers. It can transfer one person's property to the other, order the transfer of shares to the other in a company controlled by one, and any and everything else.It's no good complaining that she caused the divorce, the court will award whatever it thinks fit. It's not a court of morals!.Here she might well get 60% but it all depends on information the court will have and we don't.

[boxtops]

As I understand it, the husband has a duty to ensure that the children have somewhere to live, and IMO there have been occasions where this means the woman gets to keep the house until the children are 18, then it can be sold and split. However, this one seems to be complicated in that the wife left him for someone else.

[pink-kittens]

sammmo, you have no idea why this wife left the OP's brother

The courts main aim is to make sure the children are appropriately taken care of, be that money wise or parental wise