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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have been married years and my husband and I have

Customer Question

I have been married for 17 years and my husband and I have been living apart for 1 1/2 years, We have two companies running, one is one that he inherited some properties and we put them into a limited company and we are both equal share holders and the other one is a company that sells cars that we both work at. We have one mortgage on the house he lives in - though there is the same equity as the mortgage. I would like to start divorce proceedings as he is parading all his women on facebook and wont let me get on with my life. What are my rights on a financial settlement?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- do you have children together?
- what is your respective earning capacity?
Kind regards
Caroline
Customer: replied 10 months ago.
no children and 90K/year
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Is that 90k each ? i.e - the same?
Kind Regards
Caroline
Customer: replied 10 months ago.
Together - though he is not giving me any money from the rental of the properties since he moved out because he said he does not have to as they were inherited 3 years ago - even though they were put into a company that I own with him and I am also a director.
Customer: replied 10 months ago.
Can I have an answer?
Customer: replied 10 months ago.
Are you still thinking about it?
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
My sincere apologies for my delay in responding to you today.
I have been engaged in appointments which had ta***** *****er than I thought.
Thak you for your extra information.
To start, what you need to be aware of is that if either yourself or your husband did decide to divorce - then either of you would be able to make a claim in respect of the matrimonial finances.
There is a set process to this and I think it is important to provide you with some further information in respect of this - so you have an idea.
The first step to go through a process known as full and frank disclosure. This step includes the exchange of information in respect of your assets and liabilities. Everything is included in this stage including pensions.
Once disclosure has taken place then discussions can take place about division.
The normal rule for division for a marriage longer than 5 years is 50/50. The Matrimonial Causes Act does set out factors which can depart from this rule. A few examples are the earning capacity for both of you for the future and future health needs etc. This list is not exhaustive.
It is possible to argue that some inherited assets should remain sole assets but this is by no means certain and it depends on the parties needs and the ability of those being met by the current assets. The longer you are married - the harder such an argument is going to be. Its also harded for your husband to argue that the inhertied monies are solely his in the monies have been in your control and utilised. If the court did set aside some of his inherited assets then this could be offset by you getting a larger share of the matrimonial assets to meet your needs.
The first step to dealing with the matrimonial finances is to refer yourself to family mediation. They will help in respect of negoiation about division as well as the disclosure stage. There are lots of family mediation services and there will be one local to you. You can just 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
Positive feedback is gratefully received
Expert:  ukfamilysolicitor replied 10 months ago.
Please kindly remember to rate positively (by clicking a smiley face) so that we receive credit for our work.

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