Entitlement to savings

[muj200]

Hello,

A friend of mine married less than 12 months ago. its all gone wrong so they have decided to separate with a view to getting divorced. My friend being the honest, straight down the line guy he is told his ex about a savings account he had. This account contains a considerable sum of money. He is worried that his ex may have a claim to this. She has not contributed to the account balance and it is in his name.

Does anyone no if she has a claim? She is expecting their child if that makes a difference. Also would their be any come back if he spent or 'got rid' of the money.

Thanks in advance.

[rachael88]

it would be nice if he give money for the baby items

my sister split with her bf a cupple of years ago they have a child together and he gives her nothing that is wrong even though he said he would give her money for the child

[Androcles]

He married her - they are having a baby, so in my book he made the commitment, so it is all for sharing for the child's sake. You have to be prepared to stand up and take the hit, if a child is involved.

[muj200]

Guys,

Thanks for these replies. I dont think i made the question clear. He needs to know if his ex will be entitled to his savings. He has already set up a sizable trust fund for the child and he is giving his ex £500p/m for the unborn child (this will increase when the child is born) on top of an allowance for her and he is allowing her to keep the house. He's not trying to avoid any responsibility.

[daffy654]

They were married so she is entitled to half of everything he has,including his savings.

[scotchollie]

They should find an accredited mediator and sort it out amicably - especially as they seem to have some agreements in place anyway. A formal agreement, by way of Minute of Separation is a sensible starting point.

[jake-the-peg]

I'm pretty sure that is untrue Daffy

http://www.divorceaid...ancial/settlement.htm for further details. There is no set formula in most cases but with wealthier couples thete is the "Duxbury Calculation"

I don't know how wealthy that is though

http://www.divorce.co...xbury_calculation.pdf

[buildersmate]

A 'Minute of Separation' is a Scottish law term only

[billybunny]

They have only been married 12 months and the Courts MAY take a view that the parties leave the marriage with what they had when they went into it. The real deciding factor is that there will be a child in the equation. Your friend's girlfriend can apply to the Court for a lump sum payment under the Children Act, so yes, she may have a claim on his savings in that respect. Best advice is to take legal advice.