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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi my husband is filing for divorce online i suspect because

Customer Question

Hi my husband is filing for divorce online i suspect because he can cash in his pension at 55 next year, worth 50000 and also is due to inherit of 200,000 plus soon, he drove me out of the rented home 5 yrs ago and i saved all my money to get a mortgage i am 53 my mortgage is till i am 70, i do not have a pension or any savings and had to go into debt to manage due to some time of work due to stress related illness, menopause, stress related diabetes and an arm injury. Am i entitled to his pension or any of his future inheritance?

My husbands argument is that i left intact he left me and moved from milton keynes to surrey, i commented for 2 years as my job was in MK whilst he made his mind up whether he wanted me or not. this created stress for me and stopped me from building my career and business, then he decided that he did not want me, i moved back in after that but he insisted i sleep in the front room on a sofa bed whilst he bought himself a new mattress. I felt very hurt and dismissed and extremely fragile, I was there for a year and saved every penny i earned whilst he lived a good social life after a year I had saved 9,000 to get a depoit for a mortgage on a part buy scheme which i am tied to. my husband kept in touch and after 9 months of no communication 2years ago he said he was sorry etc, and wanted me to move back and we could work it out. He said he would be the bread winner so that i could concentrated on building my holistic business which is what i have been working hard and studying to do for over 10 years, he changed his mind after spending xmas and now he wants a divorce. During the 13 years of marriage I asked my husband not to mess me around because i was making all the sacrifices, i did not have a pension or savings and i needed to make myself save, this is why i needed to get a mortgage. He promised me that he would make sure i as okay and that he would sign his pension of to me. I know the law is not interested in he said this she said this, however, I wanted to give you a tiny bit of history, it appears my husband is a lot more shrew than me and his argument is that my rage ruined our marriage. I have lost my temper after many months of keeping the pain and hurt within on several occasions but only when pushed to the limits. I was not going to ask for any money because i felt it wasn't my place but on reflection I also need to get my needs met.

so i am making this enquiry before i sign the online divorce forms sent to me without investigating my rights further.

I hope you can give me some clarity. Many Thanks

My husband does not have a house yet, he is staying with friends in hanstead heath, and has recently given up a rented house, he is pursuing a social media business which he is getting investments.

I know nothing about his business apart from snippets like its name as he kept me in the dark mostly.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you confirm how long you have actually lived together in the last two years?
What ground is he using for the divorce?
What is the current equity in your home?
What income do you each have?
How long were you actually living together?
Clare
Customer: replied 2 years ago.

Hi

we have lived apart for over the last 2 years

no equity

I am building a company self employed i pay myself £1000 per month

He is divorcing me on marriage has broken down irretrievably and lived apart for at least ? years

6 years, living together

Expert:  Clare replied 2 years ago.
Hi
Do you have any savings?
Clare
Customer: replied 2 years ago.

No I am 6000 in arrears which I am paying off every month ordered by the courts.

Expert:  Clare replied 2 years ago.
Hi
Sorry - is that arrears on the mortgage?
Clare
Customer: replied 2 years ago.

yes arrears on the mortgage,

I was out of work for 6 months due to an arm and neck problem due to stress and excess driving over the years meant that I accumulated arrears.

Expert:  Clare replied 2 years ago.
Hi
When is he he due to receive his inheritance?
Clare
Customer: replied 2 years ago.

his mum is in a home with dementia and the family home has been sold to pay for her care, she is quite ill and so i don't know, i am not told this information

Expert:  Clare replied 2 years ago.
Hi
So in fact he may inherit much less.
Within the financial side of the divorce proceedings you will have a potential financial claim on your ex.
However an inheritance that he has not yet received is not relevant - and indeed since you have been separated awhile it would not be relevant even if she had recently died.
You do have a claim on his pension for half of the value that has accrued whilst you were married and a potential claim on his income.
You cannot make any of these claims unless the Divorce proceedings are in place
You can read more here
http://www.divorceaid.co.uk/financial/settlement.htm
the grounds for the divorce do not effect the settlement - but I suggest that you tell him that you will only agree to a divorce if it is based on the fact that you have lived apart for two years
I hope that this is of assistance - please ask if you need further details
Clare

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