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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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How would I fare in adivorce. The house we live was originally

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How would I fare in adivorce. The house we live was originally left to myhusband to live in for his lifetime, there after, it would be given over to the Catholic Church. I bought out the Church's rights in 2001 & so the house is owned by myself. My age is 62, my husband 67. He is a horologist & continues to work at home, his workshop is the garage plus our study. Our marriage is a loveless one & he has no time for me, I'm just the odd job person, the housekeeper, decorater, builder, window cleaner ect. he doesn't want to help me. We live in Chickerell, Weymouth, where Mike comes from. I come from London & come from a large family who I miss terribly. I did not want to move here but Mike very much did, I wasn't asked 'if' I wanted to move down here, but told & just went along with it. My husband has a private pension coming in + his retirement pension. I have my retirement pension + Disability Allowance allowance also. I'm worried that if I push for a break, I will come off very much the looser & he will (as usual) come off best. Can you advise me at all please, I know nothing about divorce things or settlements.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is Mac. I can help you with your question. First I need a bit more information:

1. when did you marry?
2. if earlier than the above, when did you start living together?
3. has either of you started divorce proceedings?
4. if so, are there also financial proceedings?
5. are there any children? (If so, how old?)
6. what is the value of the house (and any mortgage)?
7. what is the total value of the other assets you and he hold (a total value rather than individual values is fine)?
8. what is his income (after tax) including pensions?
9. what is your income (after tax)including pensions?

Sorry to ask for so much information, but I want to give you a full answer.
.
Customer: replied 3 years ago.

Apologies, I'm not that clever with all this sort of stuff.


1) Married 13th July 1996.


2) First date 17th Mar 1996, about 2 weeks later,


together full time with both our flats on the go.


3) Neither of us started divorce proceedings. I


haven't mentioned anything to him, I'm thinking


it all over first.


4) Sorry, I don't understand this question.


There has been no discusions re. money.


5) No children.


6) Value of house approx £320k, I guess.


No mortgage.


7) His car approx £20+k. My car approx £17k.


Not sure what else to tell you, sorry.


8) Couldn't tell you.His company books have


never been shown/explained to me. He grumbles


about paying Tax. He has an acct. He has a


private pension paid to him. He also has his


retirement pension paid to him. He says that his


clock buisness pays the bills so I think he doesn't


touch his pensions/savings. He has £60k in


Premuim Bonds. As the max limit is £30k, he has


£30k in his name & £30k in my name.


9) No savings. I receive retirement pension about


£155 p/wk.


I also receive Disability Living Allowance which


is to help me (part for motorbility + part for care


allowance).


So sorry if I haven't given you all you need to know.

Expert:  familylawexpert replied 3 years ago.
Thanks very much, and certainly no need to apologise.

One more question: how long do you think he is likely to continue to work for?

Customer: replied 3 years ago.

My guess would be till nearer 75-80's as the chaps in this line of work don't usualy give up till either their hands or eyes let them down, they're specialists, few on the ground.

Expert:  familylawexpert replied 3 years ago.
Hello,

Your marriage is considered a long one by the Court, and the entirety of the assets held between you are likely to be needed to meet your respective needs.

The financial result of a divorce is therefore going to be a broadly equal division of the capital, and a separate broadly equal division of the available pension income (probably including you getting a share of his pension).

In practice, therefore, that is likely to mean sharing the value of the house equally, you both keeping your own car and your half of the premium bonds. You retaining you disability allowance and receiving part of his pension, him retaining part of his pension and his income.

If he currently supports you from his income, then there is a possibility that you might receive some maintenance from his earned income while he continues to earn, but given his age I suspect that that is unlikely (ie less than 50% chance).

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
Customer: replied 3 years ago.


Could my husband argue, that the house was originally left to him in a will for his life time to live in, even though I bought out the Catholic Church's interest ?


 


Also, you mentioned about his supporting me (or not because of his age) from his earnings... he has always paid all the bills, whereas I have paid for all the food only, since marrying.


 


Sorry.. but does that mean I may get half of his private pension (not his retirement I guess), & ofcourse this would stop should pre-dicease me.


 


I'm thinking that he cannot have/touch my Disability Living Allowance as that has nothing to do with him, as this payment is awarded to me for my mobility & care.


 


 

Expert:  familylawexpert replied 3 years ago.
The capital is likely be divided equally, irrespective of the previous ownership of the property.

The income on retirement is also likely to be equalised, so that you both have a similar level of income in retirement. I would expect that that division will take into account your disability allowance, so you might need slightly less than half of the pension.

I hope that is helpful.
Mac.
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