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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2550
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would like to know, if I have any legal rights to my

Resolved Question:

I would like to know, if I have any legal rights to my husband share of money left to him by his later father, we spit up 10 years ago, went to court to get divorced. But never did the decree absolute! Then 7 years ago we got together and have been living separate houses, back in a relationship. Been on hold etc together. Now suddenly, out of the blue, he had decided has met a new partner, seeing her, and left it two my grown up children to tell me???? I heard that a woman divorced for 25 years was allowed to claim off her divorced husband?
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 11 months ago.
England, he will be 61 tomorrow, I'm was 60 in Feb.2016. 39 years Aug 2016. 2 both grown up and married now.I have a boots one, and current company, but only joined it last year? Not sure of amount , be has a British steel pension, around about £90,000? My income, 19,000, his I can only estimate around £23,000/25,000!
Customer: replied 11 months ago.
Assesset, I have my house, worth around £150,000, his house worth around £110,000, he has had payout from my house already, I had to give him half of what solicitors agreed was a fair price,
Customer: replied 11 months ago.
His father died 2 years ago, I helped to clear and clean his flat out,
Expert:  Harris replied 11 months ago.

Thank you for confirming. As part of the divorce you will need to reach a financial settlement which you are entitled to once divorce proceedings commence. 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 once the divorce petition has been issued.
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.

In relation to his inheritance, this is not an automatic matrimonial asset and can be "ring-fenced" by your husband if it has not been brought into the marriage. However, if both your needs cannot be met from the existing matrimonial assets, then a court will consider it reasonable to bring in the inheritance for negotiations.
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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2550
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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