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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am currently going through a divorce. My ex-husband

Resolved Question:

Hi, I am currently going through a divorce. My ex-husband and I have a 4-year-old boy. I am his main carer and subsequently I pay for everything. My husband has several properties under the trust left to him by his late father. My ex- husband does not want to give me anything. He only agrees to pay CSA money. Can this properties be scared during a divorce even if they are under trust/will?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. As long as your husband has access and benefit from assets and trusts then they will form part of the finances to be considered as part of the financial relief proceedings. 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 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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