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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband of 4 years has just asked divorce. We live

Resolved Question:

My husband of 4 years has just asked for a divorce. We live in the UK though I am American. He is suggesting that we get a do-it-yourself divorce and I simply leave. But is it that simple?
He has been the primary supporter throughout our marriage though I have contributed food, phone, TV, vacations and I've paid for most of the furniture on our rented flat.
He recently received a big payout from a former employer but is now unemployed. He has several creative projects which he is pursuing, these were started before we met.
I have my own online business which is US based. I began the work before we were married but formed a limited company after our marriage.
We also share two creative projects, which have yet to come to fruition but may well someday.
I have no savings and my income goes back into the company as its still a start up. To move back to the USA and start completely over means living with my parents and not even owning a toaster. It also entails a large expense of moving books, art and clothing.
So, what is legal and what is fair? Is this simply a matter of doing it ourselves?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Did you cohabit prior to the marriage - if so for how long?-Do you have children together, if so their ages?-Is the home owned or rented, if so in whose name?
Customer: replied 1 year ago.

We did live together - albeit illegally as I didn't have a residency card. I lived with him in the Uk on and off for 3 years.

No kids.

Flat is rented in both our names.

Expert:  Harris replied 1 year ago.
Thank you. Firstly as the flat is in joint names you will continue to have a right to occupy the home. In relation to the wider assets and business interests this will be fairly more complicated when being dealt with as part of the divorce. If you are unable to meet your own reasonable needs then you can apply to court for spousal maintenance from him once the divorce has been issued.In relation to the divorce, unless you have been separated for at least 2 years, whoever applies must apply under unreasonable behaviour as the UK currently does not have grounds for a "no-fault" divorce.Regarding the split of businesses and a financial application, the court will make a decision on how to divide the finances and make any orders based on 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
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