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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2788
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are heading divorce. As I had the initial

Resolved Question:

My husband and I are heading for a divorce. As I had the initial property when we first met, am I entitled to more of the house that we live in now (being our third house that we moved to)?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I would require more information regarding this: -how long have you been married-do you have children together, if so how old and what will the arrangements be for them-what is the value of the property you are concerned about-what other assets do you each have and what is the value
Customer: replied 1 year ago.
We have been married 25 years.
We have three sons 23, 19 and 14,
We have a property overseas and two flats that we rent out here,
Expert:  Harris replied 1 year ago.
Thanks - what will the arrangements be for your 14 year old?
Expert:  Harris replied 1 year ago.
Hi, please provide the information requested so that I can continue assisting you
Customer: replied 1 year ago.
We have been married for 25 yrs.
My sons are 22, 19 and 15.
We have a property overseas and 2 properties here that we rent.
Customer: replied 1 year ago.
My 14 year old will be living with me as well as the other two boys.
Expert:  Harris replied 1 year ago.
Thank you for the further information. As you will be the main carer, it is expected that your needs will be greater and therefore you should receive a higher share of the matrimonial assets. Given the length of the marriage, it will be difficult to argue that your property obtained prior to the marriage should not be considered in the negotiations and therefore this will be considered a matrimonial asset. The court will take into account all your assets and all his assets, and the court will look 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 provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
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