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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 894
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been married 1 year and we sadly have planned to divorce.

Customer Question

I have been married 1 year and we sadly have planned to divorce. We have lived together 5 years.
I bought the house - in my name and paid lump sum and all mortgage payments.
I did not set up any tenancy agreement
My husband has no dependent children - I have two.
What is the calculation for deciding if I owe him any money for a fixed break. I earned significantly more and he did support family practically and bring a lump sum into the relationship which we lived on.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question. I'm a family solicitor and able to help.
In relation to the matrimonial finances - 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. The length of the marriage will also be a factor and future care of children.
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. You would apply to a family court of a Form A. The current fee is £255.
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. You will therefore have to commence divorce proceedings first - which you cannot issue until you you have been married for 1 year. The divorce petition forms can be obtained from www.hmcts.gov.uk
The current fee is £410
The courts have a fee remission scheme (where they can check to see if you are eligible for a reduction in the court fees. You would need to submit form EX160 with your applications.
Kind regards
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