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?
-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?-What has the home sold for, and what is the outstanding mortgage?-Whose name is ***** ***** in?
Thank you for confirming. Just a bit more information:
-What is the CETV (total pot) of your pension?
-Does your husband have a pension, if so how much is his pot?
-What are his job prospects as his earnings previously appear to be very good?
-Will you be seeking a 2 bedroom home to accommodate yourself and your daughter?
Thank you. There are a few issues that you need to think about as part of the financial settlement, namely housing, maintenance and pensions.
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 - this includes housing and income needs for you and your dependant daughter. 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. Given the length of the marriage and three children, it is likely the court will agree that all assets would be considered matrimonial and therefore will need to decide on how to split the assets. If you remain the main carer of your daughter it would be expected that your needs will be higher and therefore the split should be more in your favour in order to meet both your needs.
You will need to research suitable properties that meet your needs and requirements, and propose some that will meet your husbands. Furthermore, your husband will need to demonstrate that he is maximising his earning potential since this was relatively high previously and it will be essentially that he does this.
For your information the court considers the following criteria when making a decision: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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
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