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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife left me 2 years ago she now wants a divorce and a share

Resolved Question:

my wife left me 2 years ago she now wants a divorce and a share of the equity in the house would thevaluation of the house be at thetime she left the house and mortgage is solely in my name
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question. I'm a family solicitor and able to help.
In relation to the matrimonial finances - it can be argued that your wife has not contributed towards the property in the last 2 years. Your wife is likely to argue that the value would not have significantly altered during that period of time.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi (in divorce proceedings) before a court can make an order or approve a consent order.
Either or you are able to make a financial claim if the future if you do not resolve the issues.
Kind regards
I would be grateful if you could kindly rate my answer. Positive ratings are gratefully received as I have only just started as an expert on this site. Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful for positive feedback
Kind regards
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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