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Welcome to Jus Answer
I am a Solicitor and will assist you today.
I am sorry to hear about the difficulties that you are having with your husband.
Please my I ask:
- how old are you both?
- do you have any minor children?
- what is the equity in your house?
- was there any pre nuptial agreement?
- are there any other matrimonial assets including pensions?
- how long have you been married?
Thank you for your response.
Please accept my apologies for my delay in responding to you.
What you need to know is that if either of you do decide to divorce then either of you are able to make a claim in respect of the matrimonial finances.
The matrimonial assets includes the assets and liabilities of both of you - thus including your equity in your home.
You have to be aware that if your marriage is a lengthy one (considered over 5 years) then the starting point for the division of assets is equality - that being equal.
The Matrimonial Causes Act sets out the consideration given by the court as to the departure from equality. These are
Spousal maintenance can be sought be either of you - if the other has a higher earning capacity.
Let me know if I can help you further.
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I know that this isn't what you want to hear - but yes - if you did divorce then your husband is going to be able to make a claim in respect of the matrimonial assets which will include your house and pension.
The reality is that it doesn't matter who contributes what when you get married - everything you both have is included in respect of the matrimonial assets.
If separation is on the cards - you could consider a post nuptial agreement. These are not technically legally binding and a family judge has a wide discretion - so either of you can still claim.
The reality is that the rules are hugely different for married and unmarried couples. If you had not married then eh would not be able to claim - but as you are married - if either of you did decide to divorce then a financial claim can also be made.
Let me know if I can help you further
that's fine with me.
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Thank you for your kind message. I am well and I hope that this message finds you well also.
I would suggest that you give consideration to a post nuptial agreement setting out he position between you.
The problem that you have is that a family court has a wide discretion and even if a post nuptial agreement was agreed now – a court could consider not to follow what was agreed and still make financial provision for your husband.
In respect of a post nuptial agreement – I would suggest the following:
Make sure you both undertake full and frank disclosure of your financial assets and liabilities ( a Judge would want to see that you have both been honest in respect of your financial positions)
Make sure that you both get independent legal advice in respect of the agreement ( a Judge would want to see that you both knew the legal implications of what you were entering into).
The above is by no way fool proof but courts are starting to order in line with such agreements if they consider it fair to do so.
I am happy to have helped you.