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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1922
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I separated from my husband 6 months ago but we decided to

Resolved Question:

I separated from my husband 6 months ago but we decided to split 12 months ago and put the house on the market straight away. Does the 2 year separation start when I moved into my own house or when we put the house on the market?
We split the proceeds 50/50 - no legal agreement of any kind was made.
When we divorce will I be entitled to any part of my husband's business - freehold flat and shop?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. For divorce purposes, 2 years separation is from the date you separated and stopped living as hisband and wife. This does not necessarily require you to move out. In relation to a financial settlement please confirm:-that you are in England or Wales-how long you have been married-whether you have children together, if so how old and what are the arrangements for them-what other assets you both have, including pensions-what your respective incomes are
Customer: replied 9 months ago.
England. 27 years. Two children 20 at uni and 19 with me but about to go to uni. We have a house each. I have a teachers pension - but only for part time teaching for past 10 years. My husband has a lifelong company pension and owns a ltd company which is a butchers shop with flat above, both freehold.
Customer: replied 9 months ago.
My income is £21,000 not sure of his as he has company benefits. I am guessing he draws about £26,000 but also has a company vehicle and private health cover for himself and the 2 children. I think the shop/flat is worth about £500/600K. Don't know what the actual company is worth.
Customer: replied 9 months ago.
And he gets another £8,000 pa from the council as salary for being a councillor.
Expert:  Harris replied 9 months ago.
Thank you for the further information. As it is a long marriage, with two adult children, the starting point for the court will be a 50-50 split of all assets and the court will need to ensure that both your needs are met. I would not suggest that you start selling and dealing with the assets, such as the sale of the home, until a financial agreement has been reached between you. This will include consideration of all your assets and his assets, including the pensions.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.As part of the divorce you will need to reach a financial settlement, initially this should be attempted either through negotiations or mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions). Once the Decree Nisi is granted for the court to assess whether it is a fair settlement for both of you.If this does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria: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 you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 9 months ago.
Thank you but I am still not clear if I will be able to claim any of the ltd business?
Expert:  Harris replied 9 months ago.
He will need to disclose the value of the business and what his interest is, the court will assess how much of the business is a matrimonial asset and this will be the starting point on assessing how much of it you should be entitled to.
Customer: replied 9 months ago.
How will I find out if I can make a claim? Do I need to go to Mediation or get a solicitor ?
Expert:  Harris replied 9 months ago.
Initially you should attempt negotiations for a settlement through mediation. Your can find local mediators here: familymediationcouncil.org.uk If mediation is successful, a solicitor can turn the agreement into a formal order for a court to approve alongside the divorce. If mediation does not work, then you will need to pursue an application to court under Form A once divorce proceedings are issued.
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1922
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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