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Divorcing my wife ahead of inheriting

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  • 01-07-2021 7:41pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    My mother and father recently passed seventy years of age, I got married last year to my but we have had a tonne of marital problems since.

    I wont go into detail on it now or here as everyone will have their own judgemental opinions and I don't want to turn this into a dumpster thread. I had tried very hard to keep my wife happy, I have my own house no mortgage bought outright since before meeting my wife.

    I was about to buy her a used car this week, we spent time abroad together previously and returned to Ireland last year amid the pandemic, my wife has far higher educational qualifications than myself and is constantly belittling me on this, I am a regular guy who spent alot of his life and have been working on the family farm since the return and drawing dole, my father would give me a few thousand in cash every now and then and is a kind and caring man.

    My wife constantly belittles me over not working when I am working albeit not in a way that she sees fit, I am enjoying whereas she is only happy when she sees me struggling and suffering. She is 35 years old and last week I approached the topic of children and she flat out rejected it until I had a career full-time established here. This is coming on her drawing PUP non stop since she lost her job due to covid. I never once criticises her on this.

    Anyway I had a long and frank discussion with my parents yesterday and their decision is that they are going to disinherit me if I don't leave my wife as I'd lose half of everything in the inevitable breakup and divorce. Everything would be left to my sister if that happened. We are talking 3 houses, a farm with 50k per year income and a value of €1.5m and around €400k savings so as you can imagine when I do inherit it will be very substantial.

    My parents already bought my sister a house at my own forcing as they were cheap in the post crash environment and my sister hadn't a penny herself at the time but has since got herself into a great career paying well shes been working since college non-stop. I love my sister and wouldn't care if she got everything as me and my father generally don't enjoy as good a relationship as we should due to differences over the farm and we will often have a roaring match over something but I'm the only son and the family name mentality is huge by him. He has neglected the farm to point of disaster, it is like a warzone and an embarrassment compared to other tasty tidy farmers who have pride in the place, a classical example of a business where a penny was never spent only profits extracted and everything left to rot and fall apart.

    I have fallen out of love with my wife to be honest due to her treatment of me, our sex life became non-existent and we don't even live under the same roof now. My parents stark discussion has forced me to finally decide it is better to separate from a money point of view and the fact she isn't ready for kids despite her age profile running late. I tried hard but I also want my freedom. My father put it bluntly, get rid of her now, the land and money will always be there, you will meet another woman and you can have a child but never marry again unless the law changes to a fairer system.

    It is a tough one with family first misogyny but is steering me towards ending the marriage. I have booked a few sessions with a therapist to discuss it also.


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Comments

  • Administrators Posts: 14,071 Admin ✭✭✭✭✭Big Bag of Chips


    Why would you even suggest having a child to your wife? I'm not surprised she flat out rejected it. You two are not happy. You are talking about divorce and getting rid of her. Bringing a child into that situation is a ridiculous notion.

    Get yourself to a counsellor. Pick apart your issues. Why you ended up in a marriage with a woman you are so incompatible with. Why you tried to discuss having a child as recently as last week. And why you're already thinking of meeting someone else, having a child with her but not giving her any security.

    I hope if you do meet the future mother of your child that you are honest with her from the beginning. That you see her as nothing more than the provider of your heir (where will your child live while you ensure the mother has zero rights to any of your assets?

    Your marriage is very unhappy, and you really really need to pick through that with a professional. But please do not even consider having a baby with a woman unless you are willing to at least try to share your lives. It will only end worse than the situation you're in now.

    You need to speak to a solicitor, and your parents need to too. You could end up having to sell a chunk of everything in order to pay the inheritance tax that will be owed. Also, your parents could be around for another 20 years yet.


  • Registered Users Posts: 10,128 ✭✭✭✭Caranica


    You need to talk to a solicitor. Divorce in Ireland is never final and any settlement can be revisited if there is a change in one party's circumstances. The shorter your marriage the stronger your position is.


  • Registered Users Posts: 1,123 ✭✭✭Ellie2008


    There’s a lot to take in in your post.

    As a aside with a house mortgage free you are in a far better position than most & should be declaring your income.

    It doesn’t sound like you & your wife like eachother much if at all. It has been a bad year to put it mildly & I think tempers are frayed all around.
    Only you can decide what steps to take but as another poster has said I don’t think divorce is as final as you think it is so I’d recommend you consult a solicitor.

    It comes across as if your parents are putting pressure on you to divorce. That may not be the right thing for your relationship. It’s been a bad year, both you & your wife are unemployed. Maybe it’s possible up save the relationship. Presumably there were reasons you married eachother, have they all disappeared?
    Maybe your parents should seek legal advice as there are many sophisticated ways to leave someone property that might mean that it’s off the table in a divorce trusts, life estates etc, not something I know a huge amount about but worth getting good legal advice. I think it would be a pity if money concerns drove your relationship into the ground.

    The first step Id advise you to take is to find the right therapist & talk all of this through. Maybe you could also go to couples counselling.


  • Registered Users Posts: 4,788 ✭✭✭ztoical


    Ignoring the money side of things OP why on earth do you want to stay together? You've written nothing positive about your wife or your relationship. Its frankly baffling you want to have a child with her.

    Why put all this other information in your post, or post at all? You are clearly unhappy in the relationship so end it but you also have other issues as well. You have a good relationship with your father and have screaming matches with him but he gives you money regularly and his kind and caring, you say he's ruined the farm but also state its worth 50K annually. But your working on the farm so why, if the plan is for you to take it over anyway, aren't you helping to improve what you think is wrong? What exactly are your goals and dreams in life other then inheriting? Have a kid I guess but why? Cus you want one or because its expected? I'm not trying to have a go OP, I just think your focusing on the wrong thing focusing on money. You've only been married 1 year but already having such issue so end it, not cus of the inheritance but because you aren't happy.

    Focus on yourself OP, figure out what you want, not your wife, or your parents or society.


  • Registered Users Posts: 1,341 ✭✭✭TheW1zard


    Hes not asking any questions, looks pretty black and white!


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  • Registered Users Posts: 8,565 ✭✭✭K.Flyer


    ztoical wrote: »
    [...]You've only been married 1 year but already having such issue so end it, not cus of the inheritance but because you aren't happy.
    Focus on yourself OP, figure out what you want, not your wife, or your parents or society.

    This a thousand times.. Life is way too short to have that sort of drama in your life.. cut and run.


  • Registered Users Posts: 2,419 ✭✭✭antix80


    K.Flyer wrote: »
    This a thousand times.. Life is way too short to have that sort of drama in your life.. cut and run.

    First of all.. If it's as bad as you say it is I'd be telling madam to take a hike as soon as possible. Did you ever love each other?

    You probably do need to have a good think about your future plans. I think your father's right this time but what if he holds the inheritance over your head, or you tip away on the farm and he leaves it all to your sister?


  • Registered Users Posts: 2,017 ✭✭✭bilbot79


    Urgent divorce. Don't bother with the therapist.


  • Registered Users Posts: 12,556 ✭✭✭✭AckwelFoley


    Your parents can't leave all to one siblings and you with nothing. Maybe in Hollywood but in the real world that would be a will that gets contested. Monies received during their life such as a house etc would be taken into consideration

    Sounds like a **** relationship to be in. You need to get out the gap as fast as your 2 legs can carry you. It's not going to get better.


  • Registered Users Posts: 1,189 ✭✭✭Gekko


    You don’t mention a prenup so I assume you don’t have one.

    Get to a solicitor asap and get the divorce sorted

    You’ll most likely have to pay off the wife or sell your house and split the proceeds but it doesn’t sound like that will be too much of an issue for you


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  • Registered Users Posts: 24,173 ✭✭✭✭Larbre34


    Gekko wrote: »
    You don’t mention a prenup so I assume you don’t have one.

    Get to a solicitor asap and get the divorce sorted

    You’ll most likely have to pay off the wife or sell your house and split the proceeds but it doesn’t sound like that will be too much of an issue for you

    Prenuptial agreements have no validity in Ireland. So nobody has them.


  • Administrators Posts: 14,071 Admin ✭✭✭✭✭Big Bag of Chips


    OP, one other thing to consider is your dad's influence into your life. He shouldn't get a say on your relationships. He has no right to tell you to meet someone, have a child, but never get married. I can see his point with this relationship if it is really as bad as you claim. But.. Why did you get married? Did you love each other at one time? Has your families influence and interference in any way contributed to your marriage difficulties?

    Is you sister married? Is she allowed get married if she wants? Or is it ok for her because she's a woman, so their thoughts are if her marriage breaks down she'll just kick her husband out and keep everything?

    Your family situation sounds quite toxic. You are an adult man whose life is being controlled by the old patriarch. That might suit you, for now. But as mentioned your dad could live another 20+ years. Do you live your life by his rules until then. Never finding your own happiness? Can I ask why don't you work? Surely gaining your own independence now away from your family should be a priority. Especially if you don't actually work, and take a proper income from the farm. For as long as you are hanging around waiting for your inheritance your dad pretty much controls you. He controls everything about your life. He's already making sure you get rid of your wife. He has told you you won't be allowed settle down again with someone. Although maybe he doesn't realise if you have a child with a woman, and live with her she will likely be entitled to something of your precious assets, regardless of whether you're married or not.

    I feel sad for you, OP. Your life isn't your own.


  • Registered Users Posts: 1,835 ✭✭✭tea and coffee


    Forget what your parents want- the other posters are right- it won't be a case of divorce the wife, cash in..
    What do you want yourself- I think the counselling is a good idea for sure


  • Moderators, Society & Culture Moderators Posts: 7,082 Mod ✭✭✭✭Hannibal_Smith


    I really hope you follow through and see the therapist OP. That family situation is not healthy. To be fair to your wife now is not an ideal time to be having a baby when you're not working and she is out of work because of Covid. You're not thinking it through at all and all you're seeing is her body clock running down, which is very unfair on her.

    To be getting what sounds like pocket money from your dad every now and again is no way to sustain a family of your own. It's left you in a situation now where you feel your family are calling the shots in your life.

    If your marriage isn't a happy one, that's reason enough to separate. It's something you have been thinking about yourself for some time.

    But equally, you need to get some sort of independence from your family. What's to say they won't like the next person and threaten the same thing? You have a legal right share in your parents estate so a will attempting to dilute that can be challenged, but it's extremely poor form for your parents to be using something like that as a carrot to control your life.


  • Registered Users Posts: 1,123 ✭✭✭Ellie2008


    Your parents can't leave all to one siblings and you with nothing. Maybe in Hollywood but in the real world that would be a will that gets contested. Monies received during their life such as a house etc would be taken into consideration

    Sounds like a **** relationship to be in. You need to get out the gap as fast as your 2 legs can carry you. It's not going to get better.

    It’s very difficult to contest a will in Ireland. It’s called a Section 117 application & the court will only change the will of the court is satisfied the testator didn’t make “proper provision” for the child which is an onerous standard. Lots of caselaw on it. By the sounds of it the OPs family have supported him. Nobody is entitled to a inheritance.


  • Registered Users Posts: 1,123 ✭✭✭Ellie2008


    I really hope you follow through and see the therapist OP. That family situation is not healthy. To be fair to your wife now is not an ideal time to be having a baby when you're not working and she is out of work because of Covid. You're not thinking it through at all and all you're seeing is her body clock running down, which is very unfair on her.

    To be getting what sounds like pocket money from your dad every now and again is no way to sustain a family of your own. It's left you in a situation now where you feel your family are calling the shots in your life.

    If your marriage isn't a happy one, that's reason enough to separate. It's something you have been thinking about yourself for some time.

    But equally, you need to get some sort of independence from your family. What's to say they won't like the next person and threaten the same thing? You have a legal right share in your parents estate so a will attempting to dilute that can be challenged, but it's extremely poor form for your parents to be using something like that as a carrot to control your life.

    The legal right share applies to spouses. I think you mean the rules of intestacy where there is no will. Where there is a will regarding children the courts will subject to limited exceptions respect the wishes of the deceased which is only right IMO.

    https://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html#


  • Registered Users Posts: 1,122 ✭✭✭Idle Passerby


    Last week you wanted a baby, this week you want a divorce. Your only married a year OP, was it this dysfunctional before the wedding? To be honest your total financial dependence on your elderly, manipulative parents at this stage of your life doesn't make you the most sympathetic character in the marriage.


  • Registered Users Posts: 6,388 ✭✭✭Jequ0n


    Sounds like everybody in the situation is only focussed on themselves and uses others as pawns. I’d get rid of the wife first and ensure you get your share of the inheritance on your terms. Your parents are past 70 and might need you more in the future, so make sure they are aware of this. It will feel great if you take on some control of your own life and those who seek to control it.


  • Administrators, Politics Moderators, Society & Culture Moderators Posts: 25,947 Admin ✭✭✭✭✭Neyite


    I actually don't see anything wrong with your wife wanting you to have a career, a fall back option for you. I also can't fault her for wanting a future father for her kids to be independent of his parents and to earn his own money, not get ad-hoc pocket money from Dad in return for tough physical work.

    While I don't think your marriage sounds like a good one right now and it might be better off for your both to go separate ways, I really don't like the way that your parents are dictating your life for you either.

    Frankly, by holding the inheritance over your head and by your preference to not have your own career, they've got you by the balls for the next 20 odd years and could still go and leave the lot to a donkey sanctuary anyway. Or spend the lot and have the farm taken for the Fair Deal scheme. So if you don't divorce this wife, and if you stay unmarried, if you don't dump the next girlfriend you get because they don't like her, if you don't eat your vegetables or for any silly reason they want, they can threaten to disinherit you. That's no way to live, is it?

    I agree that you need to talk it over with an impartial counsellor to figure out what choices you want for your life.


  • Registered Users Posts: 1,123 ✭✭✭Ellie2008


    Neyite wrote: »
    I actually don't see anything wrong with your wife wanting you to have a career, a fall back option for you. I also can't fault her for wanting a future father for her kids to be independent of his parents and to earn his own money, not get ad-hoc pocket money from Dad in return for tough physical work.

    While I don't think your marriage sounds like a good one right now and it might be better off for your both to go separate ways, I really don't like the way that your parents are dictating your life for you either.

    Frankly, by holding the inheritance over your head and by your preference to not have your own career, they've got you by the balls for the next 20 odd years and could still go and leave the lot to a donkey sanctuary anyway. Or spend the lot and have the farm taken for the Fair Deal scheme. So if you don't divorce this wife, and if you stay unmarried, if you don't dump the next girlfriend you get because they don't like her, if you don't eat your vegetables or for any silly reason they want, they can threaten to disinherit you. That's no way to live, is it?

    I agree that you need to talk it over with an impartial counsellor to figure out what choices you want for your life.

    Fair deal is a very good point, I don’t how it could impact a farm.


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  • Registered Users Posts: 1,123 ✭✭✭Ellie2008


    Last week you wanted a baby, this week you want a divorce. Your only married a year OP, was it this dysfunctional before the wedding? To be honest your total financial dependence on your elderly, manipulative parents at this stage of your life doesn't make you the most sympathetic character in the marriage.

    Who is manipulating who though? Is the OP not somewhat manipulating the situation himself by waiting around for the farm. Plus the lack of loyalty to a woman he swore loyalty to a mere year ago.


  • Administrators Posts: 14,071 Admin ✭✭✭✭✭Big Bag of Chips


    Ellie2008, Personal Issues isn't a discussion forum. We ask posters to offer advice to the OP when posting rather than getting into discussion with other posters.

    Thanks,
    BBoC


  • Registered Users Posts: 1,189 ✭✭✭Gekko


    Larbre34 wrote: »
    Prenuptial agreements have no validity in Ireland. So nobody has them.

    Did not know that


  • Moderators, Entertainment Moderators Posts: 10,439 Mod ✭✭✭✭xzanti


    anewpath wrote: »
    get rid of her now, the land and money will always be there, you will meet another woman and you can have a child but never marry again unless the law changes to a fairer system.

    Find a woman, knock her up and give her zero security. Great advice Dad.

    Your situation sounds miserable. If you want out then divorce your wife. But don't let your parents sway you one way or the other.


  • Registered Users Posts: 13,513 ✭✭✭✭fits


    Get your divorce and sort yourself out. Don’t be afraid to walk away from the farm. It sounds like a millstone more than anything.


  • Moderators, Entertainment Moderators Posts: 10,439 Mod ✭✭✭✭xzanti


    fits wrote: »
    Get your divorce and sort yourself out. Don’t be afraid to walk away from the farm. It sounds like a millstone more than anything.

    Hear, hear.


  • Registered Users Posts: 2,624 ✭✭✭votecounts


    Your parents can't leave all to one siblings and you with nothing. Maybe in Hollywood but in the real world that would be a will that gets contested. Monies received during their life such as a house etc would be taken into consideration

    Sounds like a **** relationship to be in. You need to get out the gap as fast as your 2 legs can carry you. It's not going to get better.

    They can. know plenty who plan to leave all to one child and nothing to the rest.
    Do what's right for yourself, your Fathers ultimatum is shocking


  • Registered Users Posts: 2,038 ✭✭✭Smee_Again


    votecounts wrote: »
    They can. know plenty who plan to leave all to one child and nothing to the rest.

    The parents can leave a child out of the will but the child can claim the parents failed in their moral duty to provide proper provision for the child in accordance with his means.


  • Registered Users Posts: 6,886 ✭✭✭sporina


    OP, one other thing to consider is your dad's influence into your life. He shouldn't get a say on your relationships. He has no right to tell you to meet someone, have a child, but never get married. I can see his point with this relationship if it is really as bad as you claim. But.. Why did you get married? Did you love each other at one time? Has your families influence and interference in any way contributed to your marriage difficulties?

    Is you sister married? Is she allowed get married if she wants? Or is it ok for her because she's a woman, so their thoughts are if her marriage breaks down she'll just kick her husband out and keep everything?

    Your family situation sounds quite toxic. You are an adult man whose life is being controlled by the old patriarch. That might suit you, for now. But as mentioned your dad could live another 20+ years. Do you live your life by his rules until then. Never finding your own happiness? Can I ask why don't you work? Surely gaining your own independence now away from your family should be a priority. Especially if you don't actually work, and take a proper income from the farm. For as long as you are hanging around waiting for your inheritance your dad pretty much controls you. He controls everything about your life. He's already making sure you get rid of your wife. He has told you you won't be allowed settle down again with someone. Although maybe he doesn't realise if you have a child with a woman, and live with her she will likely be entitled to something of your precious assets, regardless of whether you're married or not.

    I feel sad for you, OP. Your life isn't your own.

    fair enough - but what advice would you give the OP?


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  • Registered Users Posts: 5,324 ✭✭✭JustAThought


    votecounts wrote: »
    They can. know plenty who plan to leave all to one child and nothing to the rest.
    Do what's right for yourself, your Fathers ultimatum is shocking

    I wouldn’t agree with you. Its probably the father sees the marriage as the dysfunctional car crash it seems to be & is being honest. Why should he favour a blown-in his son barely functions with a year into a marriage with the gift of half a farm that may have been in the family for generations. Perhaps he also sees a golddigger or opportunist. As it is, he at least is being honest with the son in case the son is planning on working for cash in hamd and little wage with the presumption of inheriting as many sons do. The father os letting him know what is ahead and being financially honest and seeking not to take advantage of his labour and to let him know his honest intentions. Seems fair.

    As for the marriage - can you get an annulment?
    <Mod Snip> The marriage sounds over. Sometimes you need to cut your losses and walk away. <Mod Snip>

    How did things ever get this bad so quickly?
    And the father is right about life goals and the children.

    <Mod Snip>


This discussion has been closed.
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