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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good Morning , I have just found out that my Husband is having

Resolved Question:

Good Morning ,
I have just found out that my Husband is having an affair and has advised me my marriage is now over after 25 years together and 14 years of marriage . We have no dependant children at home . Assets would be the house , pensions and car .
I am currently residing in the marital home and my husband has advised me that he will continue to pay the mortgage and I will obvously continue to pay the bills also for the upkeep until the house is sold .
I am 50 years old so would find it difficult to get a mortgage to purchase another house my Husband earns considerably more and is 41 so would not have an issue gaining another mortgage.
I would like some advise on where legally I stand would it really be a 50/50 split or do I have the right to ask for more as he is the offending party .
Many thanks in advance for any advise you could offer .
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Firstly, the court will not consider the reasons for the divorce when settling the finances, unless there has been financial misconduct. Given the length of the marriage, the court will focus mainly on both of your needs and the starting point will be a 50-50 split - with a departure from this equal split made if your needs are higher. The court will also look at the following criteria when deciding the settlement: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 wish to obtain further details regarding the finances, please confirm:-what properties, together with their values and mortgages and if the former matrimonial home is in joint names-values of pensions-what other assets and liabilities you both have-your respective income positions 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
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