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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are separated, we are selling the marital

Resolved Question:

My husband and I are separated, we are selling the marital home which will pay off the mortgage and I am buying a smaller house with the proceeds from the sale. Our two sons live with me, one is going to Uni soon but will use our home as his base, our other son is 16 and continuing in full time education. The money left over from the sale of the house is going to my husband, he also wants a 20% share in the new house which I will pay to him if I should sell the house at a later date, or re marry. I have agreed to this but to protect myself in the future I want a legal document drawn up to this effect and I have asked him to start paying maintenance for our younger son. I also want to know if I am entitled to part of his pension.
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:

-Have you pursued divorce proceedings?

-Has there been full and frank financial disclosure between you (ie. do you know exactly what each of your finances are?)

Customer: replied 1 year ago.
No divorce proceedings..we were aiming for a two year separation before that. Yes we both know what the other earns.
Expert:  Harris replied 1 year ago.

Thanks. Just a bit more information:

-How old are you both?
-How long have you been married?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
We have been married for 22 years. I am 50 and he is 57. My income is around £9,000.00 a year and he earns £34,000.00. I am now claiming child tax credits to help my income.
Customer: replied 1 year ago.
I don't have a pension, he has as far as I know a pension with his new job and I believe another private one. I don't have any more details than that.
Expert:  Harris replied 1 year ago.

Thanks for confirming.

As part of financial negotiations, 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. Given the length of the marriage the court is likely to consider all assets (and pensions) as part of this. Furthermore, given that you have a large disparity in incomes, you may be in a position to seek spousal maintenance to cover a shortfall between your income and reasonable needs. For your information the criteria considered by the court in these matters 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 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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