Divorce question need some good advice please.?

even though my wife had an affair with another man she is divorcing me.[she beat me to the solicitors]


I own a substantial property,she is not on any of the ownership,we were married for 30 years.she has filed a matrimonial charge against the property.


the divorce has been going on for 16 months[she is getting legal aid] the divorce absolute was 7th aug 2008...she had the opportunity at that time to sign the documents for that procedure...i have been informed that she has not yet done that....what recourse if any do i have.


any other suggestions would be fantastic.


Thankyou.


fred.Divorce question need some good advice please.?
As the marriage was for a lengthy period then you wife may be entitled to a 50/50 split. This will include any pensions, stocks and shares, savings etc. It will also include the house I am afraid. All assets of a marriage are shared whether she is on the deeds or not. The whole asset pot will be examined and then split...including any assets she holds.


In this day and age adultery is looked upon with less blame than it used to be and most courts will look at the bigger picture instead of trying to attach 'blame' for an irretrievable breakdown. They accept that people change and that they act in a way which may lead to the breakdown of a marriage but will not necessarily condemn your wife for having an affair, whether you think it is fair or not.


Courts will also encourage couples to settle out of court to save money and time and this is often the best way to do things, as long as you can both agree.


It may be that you can 'horse trade' with your wife and keep the house in exchange for a chunk of your pension or by letting her keep some other assets which were built up during the course of your married life together. The courts will be satisfied as long as you both end up with a reasonable split which doesn't leave either of you impoverished at the end of it all.


Another factor which many people are not aware of is the inheritance clause in divorce. It is possible, when a marriage has lasted as long as yours, to claim on any inheritance of either party within 5 years of the divorce. That means that if your wife stands to inherit anything in the next five years you could actually claim some of it as you would have benefitted if the marriage had continued. Of course it can work the other way too. It could be something to bear in mind when coming to an agreement with her though.


Unfortunatley for you, the divorce will proceed at the pace the Petitioner sets. As the Petitioner, your wife has more control over when things get done and dusted. As the Respondent in this case you do have as many rights as she does, however, and whichever one of you filed for the divorce does not affect the final outcome one way or another.


If your wife is stalling then your own solicitor should be making contact with her solicitor to find out what the reason is for any delay. the longer it goes on then the more costs will acrue. Innevitably this could drastically reduce any benefits either of you will gain as it will come out of the shared pot, so to speak. I would suggest that you ask your solicitor what he has done about the delay, if anything.


There have been cases where the legal costs ended up being greater than either of the parties actually gained from a divorce so you need to be pushing your solicitor on that one really. Remember, they are acting on your behalf and you are paying them to work for you, not the other way round!


Having gone through a divorce myself recently I know how long it can take and how frustrating it can be. Just make sure that your solicitor is doing everything he should be doing on your behalf. Also, however difficult it may be, talk to your wife and try to get it sorted in an adult way.


Hope that helps a little.Divorce question need some good advice please.?
o.k if you need help on knowing where you stand on such matters then either you don't have a solicitor or (s)he isn't a very good one !!!!! on the majority of cases the wife is entitled to half of everything ,however if she was the one who committed adultery and this is the reason the marriage has failed then you can dispute this and fight for your right to have everything after all if your wife had not had an affair would you still have been happily married??
O.K Fred sorry to burst your bubble but if you were married for 30 years she is entitled to her share of everything which could be half. I think you will find that unless you can buy her out she is entitled to get the house sold so that she can get her share.