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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been married to my husband months, we have a

Customer Question

I have been married to my husband for 14 months, we have a 7 month old child together.
We have recently separated and I have moved in to social housing.
When we divorce, will I be entitled to anything?
He has owned his house for approximately 15 years, and has 300k equity in it.
We lived together for approximately 10 months before getting married.
I contributed to the household expenses by paying for the food, and TVs and telephone bill.
Please let me know if you need any further information.
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 can confirm that if you decided to divorce your husband then you would be entitled to 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 disclosure 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.
The starting point for the division of assets is normally 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
Division is based on need and the court will consider the needs of your child. It is likely that you can expect out of a division that your housing needs will be prioritised.
If your husbands earning capacity is higher than yours then you should also consider claiming spousal maintenance.
I would recommend that you consider referring the case of the matrimonial finances 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.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively so that we receive credit for our work. Your question does not close when you leave positive feedback and I can answer your follow up questions for free.