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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Our relationship with husband is not working. We have been married .5 years and have

Customer Question

Our relationship with husband is not working. We have been married for 4.5 years and have 3.5 y/o son. My husband has got 2 houses –one rented out and other one where we live, he pays mortgages. We are both working full time. We don’t have shared bank account. Husband pays mortgage and house bills, DIY bills. I pay for food and household shopping, son’s full time nursery fees, son’s cloth and son’s fees for various classes. We share holiday’s costs but if we go on holiday to Russia (where I am originally from I have got dual citizenship Russian and British) I will pay all costs. We are currently live in my husband’s house in separate rooms. We are ether argue or not talking to each other when I try to start conversation on how we can move forward my husband say he is not ready to discuss or he is not sure what he wants but because it has been for 7 months now I would like to know what my rights are if we divorce. If we to divorce I would like to move out with son to live in nearest
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question, which appears to have cut off before you finished the question.
If you were to pursue the divorce now it would have to be under the ground of unreasonable behaviour or adultery, if relevant, as the only other ground is two years separation by consent which you do not qualify for at the moment.
As part of the divorce you will need to reach an agreement in relation to arrangements for your son (who he is to live with and how much time he spends with the other parent) as well as a settlement of the finances.
In relation to the finances, you will need to have and give full disclosure of financial positions so that the negotiations are based on the full assets and income of each of you. As one of the properties is the matrimonial home, you have a right to live in the property and he cannot force you out unless there is a court order. You should also considering registering this right with the land registry under form HR1 if your name is ***** ***** the title.
In relation to the financial assets and settlement, the court considers the following criteria in order to approve an agreement or to make an order, which has to be fair for your son, you and your husband:
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.
Given that he is currently reluctant to discuss these issues with you, it may be in your best interest to refer the matter to an independent mediator to help you both reach agreements about the issues. If mediation does not help settle matters, you will then be able to proceed with an application to court in relation to the child arrangements and finances. You can find local mediators here: familymediationcouncil.org.uk
Please let me know if you have any further questions regarding this.
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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