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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am separating from my husband we have a boy of 10. 2 businesses

Customer Question

Hi I am separating from my husband we have a boy of 10. 2 businesses together and a home. We have been married 10 yrs and together for 13. What's the best thing for me to do now. Should I leave the home as its me who wants to separate. How would we split our assets? I can imagine it won't be straight forward.
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.
Please may I ask:
- are you considering divorce?
- what are the matrimonial assets and values?
- is the matrimonial home owned and in joint names?
- have you agreed any routine in respect of your children spending time with both of you?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes considering divorce
We own 3 properties worth a total of 900k we have a morgage of 340k we run businesses from 2 properties.
We haven't yet discussed custody but I'm sure that will be amicable
Customer: replied 1 year ago.
The home was originally my husbands. I sold my house to live in his. All profits of my house went into alterations to his house. And we have done many more alterations of the years. The other 2 houses were purchased a few years later and we have run supported accommodation from them as a business.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your messages.
Just to clarify - your current matrimonial home - whose name is ***** *****?
Kind Regards
Caroline
Customer: replied 1 year ago.
Both
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
I will prepare you a response now. This will take me about 10 minutes.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you are considering divorce then you can also make a claim in respect of the matrimonial finances.
There is a set process for dealing with the matrimonial finances and the first stage is whereby full and frank dislcosure is exchanged between you and your husband in respect of all of the matrimonial assets. Everything is included in disclosure including all assets and liabilities including pensions.
With such a long marriage as yours - then the starting point for the division of assets is 50/50. The Matrimonial causes act sets out factors which could lead to a departure of this rule. Examples are; the earning capacity for both of you for the future, future health needs, who will be caring for the children etc etc
Please note that behaviour in marriage will not affect the outcome of a matrimonial settlement - thus you will not be penalised for ending the marriage.
I would recommend that you consider referring the case of the matrimonial fiances to a mediation service. Mediation will help you and your husband go through the process of disclosure and also in relation to discussions about division to see if a settlement can be agreed.
You cannot make an application to the court in respect of the matrimonial finances unless mediation has been attempted first.
If matters can be agreed at mediation then a consent order should be prepared which details what has been agreed and this should be submitted to the court for approval. Once approved by the court this will be legally binding.
If matters cant be agreed at mediation then an application can be made at court.
There are lots of mediation services and there will be one local to you. Just google Family Mediation in oyur area and then give them a call to get the ball rolling.
In respect of moving out of the matrimonial home - as the house is in your joint names - your husband will not be able to refinance or sell without your agreement. You are also not technically giving up any rights to the matrimonial home - but also do be aware that your husband may see to argue that your housing needs are met elsewhere and therefore he should have a larger share of the matrimonial assets.
In respect of your children - it is the position of the court that children are entitled to a relationship with both of their parents unless there are child protection concerns. Courts expect parents to put their feelings aside and concentrate on the needs of their children and agree a routine. If a routine cant be agreed or a parent si denied contact then an application could be made to court for a child arrangement order to decide the issue. The matter does however also have to be referred to mediation first to see if an agreement can be reached without the need for court.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 740
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your advice. If I have more questions can I just send them will you have my details? I will rate positively.Kind regards Sharon
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Sharon
Of course - if you just mark your question for my attention then I will help. I am often in court but will respond usually within a few hours at the most.
Thank you for your kind positive rating and for using Just Answer
Kind Regards
Caroline

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