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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been. Married years and have suffered mental

Customer Question

I have been. Married for 43 years and have suffered mental abuse for the last ten. I hav
Now just found out that he has been having an affair in our own house with my best
Friend of ten years duration. I am devasted. He has shown no remorse neither has
He apologised. If I divorce him what are my chances financially.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
I am sorry to hear about this situation. What is the current financial situation and do you have any children with him, if so what are their ages?
In relation to the reasons for the divorce, the court does not take this into account when deciding a financial settlement. Instead, the court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:
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.
Please let me know if you have any further questions regarding this.
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
We have a grown up daughter and my husbands money was inheritated not earned would I have a chance of claiming 60/40 as he is worth round about 4 million
Customer: replied 1 year ago.
We have a grown up daughter who we have to support but a trust was set up by my husbands parents and the money that
He has is around 4 million. Would I have a chance of claiming 60/40
Customer: replied 1 year ago.
My email is***@******.***
Customer: replied 1 year ago.
Where is the answer to my second question
Expert:  Harris replied 1 year ago.
Why does she need to be supported? What are her needs?
Inheritance is not an automatic matrimonial asset. If all your reasonable needs are not met from the matrimonial assets then the inheritance will be brought in to consideration.
What are your own finances and asset position?
Customer: replied 1 year ago.
She has Anexoria. But there is a trust set up that pays her rent. We own our house in joint names but apart from an
Allowance of £600 a month from my husband I have no money of my own and am totally dependant on him.
Customer: replied 1 year ago.
What is your answer
Expert:  Harris replied 1 year ago.
Thanks. The trust for your daughter is independent of a financial settlement for you as part of the divorce, but you would need him to agree to continue supporting her in accordance with trust as part of any settlement.
In relation to the amount he provides you, this will need to meet your reasonable needs as well as be able to allow you to continue enjoying the se standard of living that you enjoyed during the marriage.
Customer: replied 1 year ago.
Would it be unreasonable to expect 60/40 of his 4 million pound assers
Expert:  Harris replied 1 year ago.
That is difficult to confirm without there being full financial disclosure from both of you
Customer: replied 1 year ago.
Would it be unreasonable to claim 60/40 of his 4million as I have no money of my own and depend on him completelt
Expert:  Harris replied 1 year ago.
If you have no finances or assets, then you can put in this claim but reasons will need to be in accordance with the criteria numbered above.