How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

Locked by Customer Service

Customer Question

my husband and I have not slept in the same bed for 8 years and we are not getting on. Part of the problem is the commute to work my husband has which means he has to get up very early and goes to bed early, I think he is also an insomniac. We have one daughter. We are considering selling our family home and he would buy somewhere nearer to his work for during the week and I would have my daughter with me and buy somewhere nearby to where we currently live to continue to be near her school.
My husband has a good income, I don't work as been a mummy over past 8 years and not easy to find a job that fits in with school holidays etc. I however have a substantial amount of capital and don't need a mortgage. My husband will definitely need a mortgage to buy a property. We currently have a tenants in common agreement with the profit from the property and sale amount split proportionately to the amount each of us has invested.
The idea is that we will try to be apart during the week and together on the weekends to see if our relationship would improve if we take away the commuting issues in the hope my husband will sleep better and be less stressed and we will share a bedroom again on the weekends. Its not an ideal solution, but we cannot think of an alternative.
What would this separation mean in financial terms as it is not that we want to agree to a divorce or a separation at this stage. If we cannot make it work then we would need to go our own ways.
Any advise you can give on how we should achieve the above and if we need to get legal documentation in place. We intend that he will just pay for half of all costs directly relating to our daughter. I will buy and pay for the family home and all associated costs where he will return on weekends as he has no real capital to invest and he will pay for the purchase of his house near his work and all its associated bills. Is this fair to both parties?
If we are separated during the week but together on weekends would this mean that we are still considered married? Would we have to pay capital gains tax if one of the properties were sold i.e. would it be considered that we jointly own 2 properties even though we don't have joint mortgage on either or share bills?
Any advise very greatly received!!
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
I also wanted to check if my husband is entitled to claim half of the property we jointly own or my savings on any grounds (I have put in circa £1.1M into the purchase of our family home and we have a joint mortgage which he pays of £250K and capital of £50K (he pays the mortgage as that represents his share in the property should there be a profit when its sold and because I put in the lions share of capital. The mortgage is in our joint names and we have a tenants in common agreement to split the proceeds of the sale proportionate to our investment. I also have savings which he does not. He does however have an income of circa £80K p.a. plus company car etc.
Expert:  ukfamilysolicitor replied 9 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- how long have you been married?
- how old is your daughter?
Kind regards
Caroline
Customer: replied 9 months ago.
Hi CarolineWe got married in May 2006 and our daughter is 8 years old.SerenaPlease can you also ensure that I am not paying more than the initial £35 initial payment and free 7 day trial, i.e. I don't want to pay this every month. Please confirm this is actioned, many thanks.
Customer: replied 9 months ago.
are you still there Caroline?
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Serena
My apologies for my delay in responding to you today.
Thank you for your response.
If you are still in a relationship even if is only say for a few days at the weekend then you are still considered as being married and not separated. Living away during the week for work purposes would not change this.
In respect of the matrimonial finances - although I note that divorce/ separation is not yet contemplated - I do think that it is important I give you the information about how the matrimonial finances are likely to be resolved if either you decided to divorce.
If either yourself or your husband decided to issue for divorce - then either of you could also 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.
With such a long marriage as yours - then the starting point for the division of assets is 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 etc etc.
Your husband is likely to argue that all assets are included in the process and settlement including pre - marital assets you have. You will of course what to try and exclude the same. The court doesn't have a set process for this and the courts discretion is very so each case is different. The court will look at need and in particular housing needs of both of you. If needs can be met by the matrimonial assets then the court are more likely to preserve some of your pre marital wealth but this also means he is likely to get a larger share of the matrimonial assets to compensate.
The next step would be to refer your case to Family Mediation. Family Mediation is essential - as you have to refer to Mediation before you can make an application to the court otherwise the court will reject your application.
Family Mediation will try and assist you and husband in respect of disclosure and negotiation about division. If matters can be agreed at mediation then it is essential that a Consent Order is prepared to confirm what has been agreed. This consent would be then be submitted to the court at the same time as applying for decree absolute in divorce proceedings. Once approved by the court - it becomes legally binding. If this step is not taken then it is still possible for a party to seek a settlement in the future, even years down the line.
If matters cant be agreed at mediation then the matter would have to be made the court. The court would make the final decision.
If divorce isn't contemplated then you should consider a separation agreement to include provisions about division and maintenance. Such agreements are not technically binding on a later family judge but they will often be followed if considered fair and full disclosure took place.
Please do not hesitate to ask if I can clarify anything for you
Kind regards
Caroline
Please kingly remember to rate positives so that we receive credit for our work and helping you today.
Ps - In respect of your payment - it is not showing on my page that you have subscribed so it looks like you have just asked for one off advice. I dont have any administrative functions but you can contact customer service if you are not sure. We actually receive no payment until you leave positive feedback. The site keeps your payment and we don't receive credit if you don't leave positive feedback.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  Clare replied 9 months ago.
I actually accepted the phone request without realising that my colleague was already dealing with it - you do know this is am extra cost?
Customer: replied 9 months ago.
Dear *****Thanks for your reply.Please can you explain why we need to have mediation if we are separating and have both disclosed to each other our assets/liabilities and have agreed how the division of our assets will be split and put it in writing, we could also get a solicitor to check it over if needs be? We want to keep things amicable if we do find we have to separate without getting big solicitors bills!!What is the difference between separating and divorcing legally and financially?I don't understand why my husband would be entitled to 50% of my assets if I am providing the family home for our daughter and I am paying for all the associated costs. He would not be paying me anything other than for our daughter's living expenses i.e. food, clothing, schooling for which we would both contribute 50% each, this is to take into account the fact that I have more capital than him anyway. Further, I would not be in a position to go back to work full time and earn a salary to the same level as my husband as I will be looking after our daughter so would need to preserve my capital as I depend on the interest earned on that to provide me with my main income, which with interest rates being so low is currently only £14,000 p.a. gross. I have no pension and have to pay for school fees out of my capital. Would it therefore be considered fair or likely that the law would view that if my husband is not paying me any alimony or maintenance other than for our daughter, that he is entitled to half my money?We also have a Declaration of Trust setting out our agreement to the division of the finances relating to our existing property so would this be cancelled out if we get separated? Surely, the fact we have both agreed it means it still stands legally. It was there to protect both our interests and investment in the property for when it is sold and was used in the sale of our last family home.Further my husband's finances have improved since we have marred through property which were renovated - 2 properties which I completely project managed and financed without any involvement from my husband, I have added considerable value to the last property we owned resulting in a profit to my husband on the sale of it.Please advise soonest. Many thanks.
Kind regards
Serena
Customer: replied 9 months ago.
Please cancel the phone call at this stage, I didn't realise it was an extra cost!
Customer: replied 9 months ago.
Dear ***** or ClareThank you for your reply, I sent you another message with my questions that arose from our reply but have not heard back from you, please can you reply asap, thank you or advise if there is a reason you are not able to? I find the billing system rather confusing!! I thought I had paid £35 for a weeks worth of legal advise not just to the answer of one question?Await your reply to my last message. Many thanks.Kind regards
Serena
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Serena I am sorry but I cat see your reply - your question was locked by customer service and I can only see your last post. If you can re-post them for me then I will respond for you. It is my understanding that you pay per different question that you want answering - but since you have already provided a positive rating - then please post your follow up questions in this thread then they can be answered for free. Kind regards Caroline
Customer: replied 9 months ago.
Dear *****Thanks for your reply.Please can you explain why we need to have mediation if we are separating and have both disclosed to each other our assets/liabilities and have agreed how the division of our assets will be split and put it in writing, we could also get a solicitor to check it over if needs be? We want to keep things amicable if we do find we have to separate without getting big solicitors bills!!What is the difference between separating and divorcing legally and financially?Can you get a divorce on line, someone told me that you can as long as both parties are in agreement and have fully disclosed all the finances?How long does a separation or a divorce take and what does it involve if both parties have agreed things between them for the future, including agreeing our daughter's living arrangements and her fathers access (she would live with me and she would stay with him probably every other weekend, but he can see her whenever he wants). It is important that he and I remain friends for our daughter's sake and I would not want to deny access. What is the most common arrangement with regards ***** ***** live with their mother and father's access?If my husband initially moves out and buys a property to ease his commute and subsequently we cannot reconcile our differences so that would become his main home (i.e. he would not be with us on weekends 3-4 nights pw), should we still prepare a separation statement before he moves to that property agreeing our financial arrangement should things not work out? How would we go about doing this at low cost.I don't understand why my husband would be entitled to 50% of my assets if I am providing the family home for our daughter and I am paying for all the associated costs. He would not be paying me anything other than for our daughter's living expenses i.e. food, clothing, schooling for which we would both contribute 50% each, this is to take into account the fact that I have more capital than him anyway. Further, I would not be in a position to go back to work full time and earn a salary to the same level as my husband as I will be looking after our daughter so would need to preserve my capital as I depend on the interest earned on that to provide me with my main income, which with interest rates being so low is currently only £14,000 p.a. gross. I have no pension and have to pay for school fees out of my capital. Would it therefore be considered fair or likely that the law would view that if my husband is not paying me any alimony or maintenance other than for our daughter, that he is entitled to half my money?We also have a Declaration of Trust setting out our agreement to the division of the finances relating to our existing property so would this be cancelled out if we get separated? Surely, the fact we have both agreed it means it still stands legally. It was there to protect both our interests and investment in the property for when it is sold and was used in the sale of our last family home.Further my husband's finances have improved since we have married through our homes which were renovated - 2 properties which I completely project managed the improvements/building works and financed without any financial involvement from my husband, I have therefore added considerable value to the last property we owned resulting in a profit to my husband on the sale of it, which would not have been the case had I not spent the months project managing it etc.Please advise soonest. Many thanks Caroline.Kind regards
Serena
Customer: replied 9 months ago.
Dear *****I resent my reply with further queries to your email. Are you still there? Would really appreciate a reply this morning if possible?Kind regards
Serena
Customer: replied 9 months ago.
I have not requested a phone call!! I just sent an email asking for a reply to my last email......
Expert:  ukfamilysolicitor replied 9 months ago.
Hello Serena My apologies for my delay in responding to you today. I think that the site may have changed some its settings as I couldnt access the chat on my iphone so I had to wait to get home so I can access the chat from my laptop. Ignore the phone calls - I think that they are automatic pop ups. To answer your questions - If you can agree matters amongst yourselves then you dont have to use mediation. It is advisable that you do get what has been agreed drawn up into a consent order and sealed by the court before division - as this will prevent any future claims being made. This is the best way to create finality in respect of the matrimonial finances but it is only possible to have a consent order of this type approved if your go through divorce proceedings. You can consider a separation agreement if you decide not to divorce yet. This will record what has been agreed but is not technically binding on a future family court Judge said a claim be made in respect of the matrimonial finances in the future. That being said - Judges are ordering in line with what had been previously agreed - if full disclosure took place and the Judge considers it is fair. Separating means you live apart but you cannot remarry unless you divorce. Divorce and financially proceedings are separate proceedings - but they are intrinsically linked. You can divorce on the grounds of unreasonable behaviour (known as a quickie divorce) and this can normally be finalised in about 3 months if both parties agree. If the finances can be agreed that you really should get a solicitor to draw up a consent order confirming the position and this be submitted to the court for its approval when applying for decree absolute so the finances are resolved as well. If the finances cant be agreed - then separate proceedings can be issued for the court to resolve - this can result in the divorce being delayed until the finances are resolved. In respect of your daughter - it is the view fo the court that children are entitled to a god relationship wit both of their parents as long as there are no child protection concerns. Shared care arrangements are becoming increasingly common if this meets the needs of the child. If you can reach agreement - then you do not need a court order. As the court will only make an order if it is necessary to do so. A family court Judge wont be bound by a Deed of Trust - although they would consider what was agreed - they could order otherwise if they felt it was unfair. If respect of the matrimonial finances - everything is included - yours and your husbands. Please do not hesitate to ask if I can assist your further. Kindest Regards Caroline

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)