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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 728
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband kicked me out after 6 years of marriage, I have

Customer Question

My husband kicked me out after 6 years of marriage, I have 2 kids from a previous relationship he has a good job with a large pension. We rented the house we shared together. What am entitled to ?
Many thanks Melissa.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Melissa
Welcome to Just Answer
I am a Solicitor and can help you. You are entitled to make a claim in relation to all the matrimonial finances and I will detail for you.
To make a claim in relation to the matrimonial finances you will need to issue divorce proceeding first.
In the short term if you have no where else to go and you can prove that your ex has the means to rehouse himself then you should consider making an application to the court for an Occupation Order. Form FL401. There is no court fee. You could also consider making an application for Maintenance Pending Suit if he won't contribute to the bills and you can't afford it whilst the financial matters are being decided - as financial matters can sometimes take months to finalise.
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, future care of children etc. Everything is included in disclosure.
You should consider making a referral to a specialist 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 very important that no division of any assets 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. The court fee is £50. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future.
Kind Regards
Caroline
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