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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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I am considering leaving my husband of just under 5 years

Customer Question

Hi, I am considering leaving my husband of just under 5 years as I believe he is having an affair and his alcohol abuse and mental abuse of me is unbearable.
He is 55, I am 43. I have a 16 year old daughter from a previous marriage who stays with us every alternate week.
My husband earns considerably more than I do and therefore he got a mortgage in his name only for the marital home.
He also has other assets, property and savings, which I believe he will try to hide as soon as he is aware of the divorce.
I do not have a pension as he told me that his pension will be adequate for both of us.
I do not feel that I can stay in the same house as him anymore.
Can you give me some advice on my rights
Regards
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. From what you have stated you can pursue a divorce under the ground of unreasonable behaviour.As part of the divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: http://www.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.You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is: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 receive more information regarding a financial settlement, please provide details of:-Value of all assets and any mortgages and debts that you both have jointly and solely-Your respective incomes-Whether you cohabited together immediately prior to the marriage, and if so for how long In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.