Any divorce lawyers on here?

Any divorce lawyers on here?

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Discussion

Lawbags

Original Poster:

1,047 posts

128 months

Saturday 27th August 2016
quotequote all
As title.

Currently going through a divorce and have spoken to 2 seperate lawyers, who both have offered different advice.
Namely, surrounding the engagement ring and when my savings become 'marital' and therefore she can have access.


Edited by Lawbags on Saturday 27th August 08:51

GT03ROB

13,262 posts

221 months

Saturday 27th August 2016
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As a basic rule what yours personally became marital assets the day you married. The concept of yours & hers disappeared the day you said "I do".

PurpleMoonlight

22,362 posts

157 months

Saturday 27th August 2016
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How long have you been cohabiting, how long married and are there any children?

Lawbags

Original Poster:

1,047 posts

128 months

Saturday 27th August 2016
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No children, married 5 years and cohabiting 7.

Lawbags

Original Poster:

1,047 posts

128 months

Saturday 27th August 2016
quotequote all
GT03ROB said:
As a basic rule what yours personally became marital assets the day you married. The concept of yours & hers disappeared the day you said "I do".
In that case, is the ring included in that asset 'pot'?
I'm not fussed about it's return, but it has significant monetary value.

PurpleMoonlight

22,362 posts

157 months

Saturday 27th August 2016
quotequote all
Hmmmm, borderline short marriage.

One lawyer would argue only 5 years, each take back the value of what they brought to the marriage and divide equally any surplus.

Other will argue 7 year relationship so everything 50:50.

Special circumstances can affect division, eg very rich or one spouse totally financially supporting the other.

Engagement/wedding rings tend to be excluded as gifts unless exceptional value.

Lawbags

Original Poster:

1,047 posts

128 months

Saturday 27th August 2016
quotequote all
PurpleMoonlight said:
Hmmmm, borderline short marriage.

One lawyer would argue only 5 years, each take back the value of what they brought to the marriage and divide equally any surplus.

Other will argue 7 year relationship so everything 50:50.

Special circumstances can affect division, eg very rich or one spouse totally financially supporting the other.

Engagement/wedding rings tend to be excluded as gifts unless exceptional value.
I didn't support her as such, but did pay around 70% of monthly bills, as well as constantly saving. Which she did none. Wages were pretty similar, give or take a grand or 2.

Where does exceptional valve start? Tens of thousands, hundreds of thousands?


PurpleMoonlight

22,362 posts

157 months

Saturday 27th August 2016
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Lawbags said:
Where does exceptional valve start? Tens of thousands, hundreds of thousands?
There are no fixed rules with divorce, part of the reason it's so frustrating and expensive if you use a lawyer.

I would hazard a guess north of £10,000 for a 'normal' couple though.

jonah35

3,940 posts

157 months

Saturday 27th August 2016
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Personally id not use a lawyer. She will have one costing £100ph or more and so will you. Thats £200ph or up to say £1k ph.

They will try and get you to argue over trivial matters and keep the charade going, eventually you will become so bitter you will have spent £50k on fees.

Not a big deal if worth £10m plus but if youre arguing over a few grand then be smart and let her buy it for say 50% of its value.

Robertj21a

16,476 posts

105 months

Saturday 27th August 2016
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jonah35 said:
Personally id not use a lawyer. She will have one costing £100ph or more and so will you. Thats £200ph or up to say £1k ph.

They will try and get you to argue over trivial matters and keep the charade going, eventually you will become so bitter you will have spent £50k on fees.

Not a big deal if worth £10m plus but if youre arguing over a few grand then be smart and let her buy it for say 50% of its value.
Quite agree with that. Try to avoid the lawyers if you want any money left over.

GCH

3,991 posts

202 months

Saturday 27th August 2016
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Lawbags said:
GT03ROB said:
As a basic rule what yours personally became marital assets the day you married. The concept of yours & hers disappeared the day you said "I do".
In that case, is the ring included in that asset 'pot'?
I'm not fussed about it's return, but it has significant monetary value.
I was told different things by every different lawyer I spoke to.
Some said that possessions before marriage remained mine, others said that everything automatically became shared.
Ring apparently is a gift and can't be asked for to be returned, but another lawyer said it should be classed as an asset and its significant value and rarity taken into account.

I would echo trying to not have a lawyer as it will probably end up 50/50 : 50% to the lawyers and 25% each to you.
Mine was utterly useless so I sacked them off after a couple of expensive letters which got me absolutely nowhere apart from a hefty bill from them. They sure do like to run up those charges....

anonymous-user

54 months

Saturday 27th August 2016
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GCH said:
I was told different things by every different lawyer I spoke to.
Family lawyers, as a rule, are not especially high quality.

Family law therefore tends to be fairly uncertain - second rate lawyers make second rate Judges (cf commercial law where the lawyers are first class and the law is relatively certain and clear).

Not surprising therefore that you got a range of views. It could be because the law is vague and/or because the lawyers don't understand it very well.

Family lawyers charge handsomely though. Something of a paradox.

ClaphamGT3

11,292 posts

243 months

Saturday 27th August 2016
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Unless it has massive sentimental value - ie belonged to your late mother - give up on the ring.

With the savings, what has she said she expects?

GroundEffect

13,835 posts

156 months

Saturday 27th August 2016
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Diamonds lose the vast majority of their value after purchase (because the whole thing is a racket).

Robertj21a

16,476 posts

105 months

Saturday 27th August 2016
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In the longer term the most important thing is to keep your sanity and not let major issues like this drag you down. In that context, the ownership/value of a ring is trivia - much better to give way gracefully and avoid the hassle, and costs, that will accrue otherwise. It may also ease other issues and make life a bit more bearable.

Adam B

27,214 posts

254 months

Sunday 28th August 2016
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Robertj21a said:
In the longer term the most important thing is to keep your sanity and not let major issues like this drag you down. In that context, the ownership/value of a ring is trivia - much better to give way gracefully and avoid the hassle, and costs, that will accrue otherwise. It may also ease other issues and make life a bit more bearable.
This x100

Seriously write off th 10-20k ring, you gifted it without expecting it back, and it's an emotional asset so why antagonise? Keep things polite and you will save that and more by not getting lawyers involved - shame you already have as most divorces can be sorted easily if no kids / common sense and keeping fair and calm. Did mine myself and it cost £600 online

ciege

424 posts

99 months

Sunday 28th August 2016
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Having been through two....

Give her the ring mate, why on earth would you want to keep it...even if you paid £5k it's worth substaintially les than this now.

Savings, how much does she want, I would have thought 50% of 7 years worth would be in my head to loose, any less bonus.

Pay up, move on quickly stay friends.


Matt UK

17,688 posts

200 months

Sunday 28th August 2016
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A divorcing couple arguing over everything only be fits the legal parasites. I could tell you a story about an argument over a piano.. Between them they spent more on legal fees than if they'd just jointly bought another one and then had one each. It's simply crazy.

My advice is: be fair, concede graciously, think beyond the money and put a price on your time / sanity, have charactar by not stooping to the level of others.

And the most important lesson is learn from it wink

Ari

19,346 posts

215 months

Sunday 28th August 2016
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Matt UK said:
And the most important lesson is learn from it wink
And don't do it again... yes

GT03ROB

13,262 posts

221 months

Sunday 28th August 2016
quotequote all
Ari said:
Matt UK said:
And the most important lesson is learn from it wink
And don't do it again... yes
Divorce or marriage?? biggrin