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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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While I was with my husband he built a case against a big

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Hi, while I was with my husband he built a case against a big organisation to do with negligence/late diagnosis and it was nearing completion. We have since separated and I am wondering if I will be entitled to a percentage of his winnings and how will I even know if and how much he has won if he does not disclose this information. Don't want to sound like a money grabber but he has put my children and I through a lot and we have one child together aged 2 who lives with me which he has access to. I am thinking of my kids' future.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the difficulties you are experiencing with your husband.
Please may I ask a few questions:-
- how long have you been married?
- how old are your children?
- are there any other matrimonial assets? Home? Savings? Pensions?
- what is your earning capacity?
- what is your husbands earning capacity?
- are you considering divorce?
- has your husband been physically/ financially or emotionally abusive to you in the last 2 years?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline, thankyou for your quick response.
We have been together since 2007 but only married since 2011.
I have a 10 year old from a previous relationship and a 2 year old with my soon to be ex husband.
There is no home, he has savings although not sure how much and he has a pension which he is in receipt of roughly £600 per month after tax. I had a NEST pension for 2 years but have not paid into it since I started my new job 6 months ago.
He is in sales and receives minimum wage plus whatever commission he earns, it varies from month to month. I work in health care and earn £12 per hour but I have had to go to 30 hours maximum due to juggling childcare.
The reason why I left him was because he was verbally and emotionally abusing my 10 year old. He also abused me and when I told him it was over he became physically abusive. This was 2 months ago.
I am most certainly planning to divorce him but was wondering whether I should wait and see what the outcome of his case is. Although he might not tell me anyway!Regards
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
I will prepare an answer for you now.
This will take me about 10 minutes.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My apologies for my delay in responding to you.
I am so very sorry to hear about the difficulties that you have been experiencing with your husband and how he has been treating you and your son.
I am minded to agree with you - that you should wait a short while for your husbands claim to be finalised before you to resolve the issue of the matrimonial finances.
As a married person, when you divorce, you are entitled to make a claim in respect of the matrimonial finances.
The normal rule for division of matrimonial assets is 50/50. There are factors which can lead to a departure of this rule. These factors are set out in the matrimonial causes act and includes the future earning capacity of both of you for the future, future care of children ( this also includes your 1o year old - etc. There could be scope that you could ask for more than a 50% division.
Matrimonial assets includes all assets and liabilities.
Your argument will be that his compensation should be included as a matrimonial assets. Undoubtedbly your husbands argument will be that he received the monies after you seperated and shouldnt be counted.
In reality - there is no straight answer - but I can tell you that the fmaily court has a wide discretion and given that you have stated that there is little in the way of other matrimonial assets, I do consider that a court would consider that it is fair that you get a share of the compensation. The court will also makes its decision on the basis of need including the needs of both children.
There is a set process for delaing with the matrimonial finances. The first step is full and frank disclosure. Your husband WILL therefore have to provide you with the information in respect of his compensation.
Mediation is a good way to try and resolve the issue of splitting the matrimonial finances and you do have to attempt mediation before you can make an application to the court.
If your husband does not engage in mediation or he wont provide disclosure then you should make an application to the court. The order will order that he has to complete full disclosure and if he doesnt then he would be in contempt of court.
Given what you have said about your husbands behaviour - you may actually be able to get legal aid and a solicitor to help you. see this link:
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
Please do not hesitate to ask if I can clarify anythign for you.
Kind Regards
Caroline
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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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