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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my husband and want to know if I don't

Resolved Question:

I am separating from my husband and want to know if I don't divorce him and buy my own home does he have the right to claim a share of the property even if I leave it to my children in a will. If he can what can I do to secure that my children receive the proceeds.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
As part of the divorce you will also need to agree a financial settlement - during which you will need to make full disclosure regarding all your assets - which will include any intended purchase within 12 months.
If the financial settlement is not obtained - which can only be done through divorce proceedings or judicial separation, then all financial claims against you will remain open (the same for financial claims against him by you). Leaving the property in your will to your children will not influence the division of assets, however your children's needs will, as the court considers the following criteria:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
It is therefore important that if you are separating and not intending to resume the relationship, that divorce or judicial separation is considered so that you can have certainty regarding the finances and assets.
Please let me know if you have any further questions regarding this.
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