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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I separated 3 years ago. We have a son

Customer Question

Hi. My husband and I separated 3 years ago. We have a son that is now almost 7 years old, he was 4 at the time we separated. When we split up, with no legal or financial advice, my husband brought me out of our property, giving me 50% of the equity at the time, and I left, with my son. Since then he has made the minimum possible CSA payments, and there have been various issues over the 3 years with him refusing to pay childcare bills for the days he has our son (the CSA amount is calculated on a shared care basis). I left the relationship with debts of almost £18k, and he kept almost £22k of savings. The equity in the property at the time was c£140k, of which I received 50%.
My husband earns a substantially higher salary than me (some £80k v my £40k) and in the 3 years since we've separated, I've had to eat into my share of equity from the home substantially to keep me and my son afloat. We are now mid divorce proceedings, and we have exchanged Form Es. Our schedule of assets are extremely imbalanced, with mine standing at £11,400 (excluding pensions) and his at £143,210 (excluding pensions).
My solicitor has advised me that as we received no legal advice and there was no financial disclosure at the time of separation, the agreement we came to at the time of me receiving 50% of the equity in the home is meaningless and holds no legal weight. That any court now will judge a settlement based on current circumstances.
I am engaged a co-habiting a jointly rented property with my fiancé (who himself has 2 children). My husband is in a long term relationship, and despite telling me and my son he plans to move in with his partner for the last year, has refused to admit this on any forms relating to financial disclosure.
My solicitor is telling me that I should expect to receive at least 50% of total current assets if this goes to court, perhaps more as our son is primarily my responsibility. However my husband is bullying me telling me that his solicitor has said I'll get nothing more from going to court as I've already had my payout, and that I'll be left with all the costs.
Is there a simple answer to this please?
We were married for 5 years prior to the separation, and in a relationship for 15 years in total.
Thank you
Submitted: 8 months ago.
Category: Family Law
Expert:  Harris replied 8 months ago.
Hi, thank you for your question. Unfortunately there is no simple answer in divorce cases, however your solicitor is correct in saying that the previous agreement is not final or binding. The court will take it into account but it has the power to ignore it based on the assets and circumstances at the time of the final hearing.The court will consider any period of cohabitation prior to the marriage and add it to the length of the marriage, therefore deem it to be a long marriage. The starting point will be a 50-50 split of all assets and this may increase if your needs are higher (they usually are if you are the main carer of a child).As you both have solicitors, it may be best to avoid talking to him directly about the proceedings as it appears that he is intimidating you.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
Expert:  Harris replied 8 months ago.
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
Expert:  Harris replied 8 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.

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