Short Childless Marriage - Expected Outcome

Hi,

I separated earlier this year from my wife and recently had a FDA with a FDR to follow next year.

Ours was a short childless marriage of 5 years where I made nearly 99% of the financial contributions and outgoings. What is a reasonable outcome that I can expect based on the below.

FMH - Acquired during the marriage
It is in joint names 50/50. Current equity is around 100k
H - paid for deposit and stamp duty (85k) and 66% of mortgage and all bills.
W - paid 0 deposit and 33% of mortgage and 0 bills

Savings & Investment (acquired during the marriage)
H - 60k
W - 3k

Pensions
H - 100k (60k is the value during the marriage)
W -4k

Earnings
H - 110k
W - Unemployed at the moment (Last pay was 50k and can expect similar in the future)


Judge's view at the FDA - everything should be 50/50 as a starting point. Judge hinted that she should go back to renting.

W - She is claiming more than 50 due to lower pay and has a need for a home and wants bigger deposit.

As I have made greater financial contributions on all fronts and we kept our finances separate. She won't be able to afford a mortgage in London for a 1-bed.

What would be a reasonably fair outcome?

What proportion of the assets were accrued during the marriage?

This would include any increase in value of the property and savings built up. You have only given a figure for the pension. Given the difference in your incomes I don't think the argument about you contributing more to the household costs will carry any weight.

Capital contributions ie deposit may well be considered. Anything else would likely be split 50:50.

The pension built up can be offset against cash. The offset figure would not be £ for £, it would more likely be at half value so 60k divided by 2 x 50% = 15k cash. NB the question of discounts for offset is controversial and different judges may have differing views.

Hadenoughnow

Thanks for the reply. The FMH was acquired during the marriage and I have excluded saving and investment prior to the marriage as they were too small.

Are you planning to retain the property? If you are then costs of sale are not a factor. If not, they should be factored in.

So a straight 5O:50 of profit (less deposit) and the savings with £15k consideration for the pension.

Why is she not working? There may be a prospect of short term SM.

Hadenoughnow

I have the ability to retain the property and pay for the mortgage solely.

Couple more questions:
1. I have paid the mortgage solely since separation. Will this be considered?
2. Will the court consider taking the deposit out? what would be the case law or arguments for this?
3. In terms of SM, what would be a reasonable figure per month?

She lost her job after separation and says she is finding it hard to get another one.

Also, we are both below 30. Would pension really count?

Are you living alone at the property? If yes paying the whole mortgage would be seen as you paying "rent" for her share of the place.

The rule of thumb for a short marriage is that you take out what you put in and split the rest 50:50. It can be more certain that this would be applied if the marriage is less than three years.

Did you live togerher for any period of time before you married? Where cohabitation goes seamlessly into marriage the whole length of the relationship is counted. The longer the relae, the more likely it is that everything will be split down the middle.

Spousal maintenance is based on need and ability to pay. How much and for how long would depend on need - or you could just increase her lump sum a bit to give her something to tide her over for a few months while she gets back into work.

Hadenoughnow