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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1770
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There would highly appreciate any advice on this so

Customer Question

hi there
would highly appreciate any advice on this so I know what course of action to take. my divorce was finalized in 2015 but separated according to him in june 2010 (I went back to my home country to visit family and he texted saying not to come back and if I did he wont let me into the house then he filed for divorce in 2011), he was having an affair at the time and didn't want me to go back. my family out of worry stopped me from going back as they worried he would harm me and as a result I lost my 50k a year finance job and remained unemployed for a year with no financial support from him at all. I remained with my parents till date and he never wanted to discuss alternative accommodation for me.
the marriage lasted for 3 years but in total we were together for 7 years. We had a house in joint names which he sold in 2014, paid his mother her contribution, paid off the mortgage and gave me half which was around 75k. However, this house we bought 6 months before I left but we lived for most of the marriage in a flat that he bought whilst we were engaged for the purpose of us living in it, it currently has an equity of around 300k but he says I have no claim on it since it is on his name and he bought it before the wedding, I had registered an interest in after he filed for divorce but not sure if that still stands. he also bought a business shortly after we got married, to which I was the secretary for a couple of years and helped him set up but again he says I have no claim on it cause he believes I wasn't as supportive as I should have been! its valued at around 180k now and he gets income from.
in addition, his mother took some of my jewelry and refused to give it back but I know I cant prove its mine. I now want to do a consent order and clean break but he is refusing because he worries he may have to disclose his assets which is something he is not prepared to do for the fear that I may end up having a higher claim than what he had decided was. he says we agreed but we never did, I agreed to sell the house and he transferred the money to me before we reached an agreement. I don't know if I had left it too long to file a financial claim or if there is any point from it. We didn't have kids but I suffered multiple miscarriage and he didn't support me at all with regards ***** ***** expenses or even being at hospital with me, know this doesn't change anything as settlement is based on other factors.
I feel I was unfairly treated, I lost my job and my home. still live with my parents and still cant afford buying my own place whereas he lives in a 500k flat and owns a business and another property jointly with his mum, in addition to shares.
do you think its worthwhile trying to pursue this or I should save myself the pain?
thank you v much for your time
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.
Hi, thanks for your question. Just a bit more information required to fully assist you:-Have you remarried?-Do you have any children together, if so their ages amd arrangements
Customer: replied 7 months ago.

no I haven't and we didn't have children.

thanks

Expert:  Harris replied 7 months ago.
Thank you - was the previous financial settlement approved as a full and final settlement by the court, and is there a court order in place?
Customer: replied 7 months ago.

No nothing was done in that regard at all. It was a discussion and he decided that was it but was not done legally

Expert:  Harris replied 7 months ago.
Thank you for confirming. In the circumstances you would be in a position to pursue an application to court for financial relief.Initially this should be attempted either through 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)If mediation 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

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