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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1950
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Just have a financial question I am married, together for

Resolved Question:

Hi just have a financial question I am married, together for 1 year and 3 months. My partner is 21 and i am 37. I own and had the house from before i was together worth about 70,000 then and now about 78000 pounds and own about 30,000 in shares worth about the same which i also had before marriage and never been touched
My partner lived in her parents house before she moved in with me on marriage. We would like to separate we both work and my partner had no savings when we were married but has earned about 11k in the year and and i earned 17k and pay all the bills but she buys other household essentials .
She believes i would have to buy her a house to live in as she is young and came with no savings and lifetime maintenance payments and will be taking all the furniture.
what would be the financial outcome on separation? If she moved out what would she be entitled to as a lump sum? And any maintenance payments and how long for?
Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm if you have any children and if there was a pre-nuptial agreement before the marriage?
For information about a settlement which will work in your favour, the marriage is relatively short and you owned the property prior to the marriage with her making what appears to be minimal contributions, her young age (allowing her to increase her earning capacity) - therefore it would not be fair for both of you for there to be a 50:50 split of the assets, which is the starting point in such cases.
However, given that the property is the matrimonial home she has a right to live there as well as make a potential claim for the property. There has to be full and frank financial disclosure between both of you and the court will look at the following criteria when deciding whether any agreement is fair for both of you, or if no agreement is reached what sort of order should be made:
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.
If she were to pursue an application for spousal maintenance, this will be in relation to her reasonable needs and if she is earning an income herself she will need to provide details as to why these needs cannot be met from her income. In any event, the court will not grant an indefinite spousal maintenance order and given that the disparity between your incomes is not large, there is an argument that no maintenance should be paid. The case also would be suitable for a clean break if there are no children.
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
Would i be expected to pay her rent lets say 150 pounds for say 2 years so she can live elsewhere on my income? how much claim can she make on the property?
Customer: replied 1 year ago.
i meant 150 pounds a week
Customer: replied 1 year ago.
no children or prenup
Expert:  Harris replied 1 year ago.
Thanks for the further information. The amount you pay, if any, will need to be assessed after analysing what she states are her reasonable needs and her full financial positions.
She can attempt to claim 50% of all assets (this takes into account all your assets and all hers - I know you state that she has nothing, but she will need to demonstrate this by disclosing financial documents for you to scrutinise). 50% is the starting point the court looks at, but given the short marriage, minimal contributions and her young age I feel that the asset split should be a lot lower than this.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1950
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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