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Being restored to financial position prior to marr

  • NatashaBL
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27 Aug 08 #43424 by NatashaBL
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Hi My full sorry tale is under the introductions section so I wont repeat here.
I married Dec 07, and left my evil proverbial of a husband 4 weeks ago (due to his affair, and unbelivably aggressive behaviour). anyhow my question is this:-
I was declarred bankrupt in April of this year (57K worth of debt). I lost my job etc etc, wedding costs spiralled and I was taken for a real ride by aforementioned husband. I am now back living with my mother, jobless and moneyless. I have heard on this forum that through the divorce process you get reinstated to your financial situation prior to marriage.
In my situation that would be somewhere in the region of £20k better off, and not bankrupt! So how does this work? Does he have to pay me?
As an aside he earns £50k + to my knowledge and has a house of his own with some equity, not sure how much. We have no children together or previously. Obviiously married less than a year and cohabiting for no more than 2 years.
Help!

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27 Aug 08 #43426 by NatashaBL
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No joint owned home - we rented privately so the owned home is entirely his. My name was on all bills and tenancy agreement for marital home. I eanred about a quater of what he earned when we were together.

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10 Sep 08 #47319 by NatashaBL
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Anyone?!

Surely someone can help me with this!!!

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10 Sep 08 #47324 by marriaa
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nat,
you are not being ignored ,it is just a difficult question.You were married for a very short time.Did you take the loan by yourself before you got married?

  • Kalamari
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10 Sep 08 #47384 by Kalamari
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Nat,
Apologies, I'm not very sure about the financial arrangements in your specific situation - I guess it may be useful to consult a solicitor - perhaps take advantage of a free 30 mins consultation.

Before any consultation, I would recommend that you prepare a summary covering;-

Your financial position before the marriage.
Your financial position now.
The key expenditures made during the marriage - were they joint (e.g. for the wedding) or sole - e.g. a car for you.
Your earnings through the marriage.

This information should help the solicitor quickly understand what has happened and then advise appropriately.

Good luck

Kalamari

:dry::S

Good luck

Kalamari

  • Sera
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11 Sep 08 #47401 by Sera
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Hi Natasha;
I also married 2007; also short term. However, there were increases in profits during our marriage; we'd lived together for two years; I worked with him for little reward, and invested my own savings.

I've pulled-out of further litigation; accepting a re-instatement Lump Sum Offer; but my case is more unusual than most short term marriages.

It should be looked at as to where the monies went; your contribution and your housing Needs. If you can't now afford to rent (no job) a Lump Sum could be available to address this; or Spousal Support for a short period. These are all IFS! and POSSIBILITES to ask the solicitor. However; not sure if he can argue your housing needs are met since you're with your mum?

Was there a period of co-habitation prior to marriage?

If you had occupied his home; you could've registered matrimonial home Rights; but I doubt you'd claim anything if you didn't live in it. You would both have to make financial disclosures; and if a Lump Sum were negotiated (or awarded) then he may have to find that from somewhere.

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