Property dispute following separation

Property dispute following separation

Posted by Madeleine Harrington, on February 26, 2020. Tags: , ,

We were instructed by the Wife in relation to the financial aspects of her divorce. The parties had three children, a jointly owned property and several investments. In addition the Wife had received an inheritance during the course of the marriage which she utilised in supporting the family.

The Wife did not work and the Husband had a middle income job. Initially the parties reached an agreement at mediation; but had rescinded on this following legal advice. Throughout the matter, the Wife’s position was that she remain in the family home until the youngest child reached the age of 18. The Husband’s position was for the Property to be sold or transferred to him. This difference in position resulted in Court proceedings.

The end result secured for the client was that she was able to remain in the home until the youngest child reached the age of 18, she remarried or cohabited. The Husband received the majority of the investments however by that stage he had spent such a significant amount on his legal fees he was forced to rent for a time. This could have been avoided if they had reached an agreement sooner.

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