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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2817
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can you advise about the steps to take re separation and

Resolved Question:

can you advise about the steps to take re separation and finances? I have one daughter age 12,im a nurse and my husband is out of work ,we have sold our house and I am considering separation .What would I be entitled too and I would like my daughter to live with me.Currently we plan to move into rented accommodation when the sale completes
There is a profit from sale of the house and we have some savings-my husband refuses to find a job and consumes alcohol every single day.He refuses to change his drinking habits- its a long standing dependency.
We have two grown up children as well 21 and 23
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year 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?

-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?

Customer: replied 1 year ago.
Hello
we live in the north west of England
I'm 49 ,and my husband is 51
We have been married for 27 yrsI have a nhs pension which I paid in to since age 18 apart from a few yrs break,my husband has contributed to a work pension for a few years in a previous job but not continuously through his career.
I currently earn around £9000,but I will have a new job in the coming months so my income will double (before tax)
My husband was earning £5000 per month until loosing his job in March this year- a form of redundancy with a pay out which he has has to spend on debt of £ 36,000 ( his credit cards ) not mine.
House sold for £327,000,profit left over will be around £164,000 when mortgage repaid-which is what we have agreed to do.
Joint names for the property ,joint bank accounts and approx. £39,000 in saving account but we are living off that because he wont work and my take home pay amounts to just short of £800 a month.Do not receive any other support ie;working tax credit or child benefit.He hasn't applied for jobseekers
Customer: replied 1 year ago.
Please can I ask will I get a further response now to my details?
Expert:  Harris replied 1 year ago.

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?

Customer: replied 1 year ago.
I don't know about my pension total and his is minimal -he has only made a few years contributions in total
I want a 3 bedroomed house as one of my other children will live with me too
Customer: replied 1 year ago.
He has earning potential but not putting himself forward for anything,capable of senior roles
Expert:  Harris replied 1 year ago.

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

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.

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