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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1198
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I would like some advise regarding divorce and separation. I

Customer Question

Hi,
I would like some advise regarding divorce and separation.
I have been married for the past few years and my husband has an emotional affair for the past couple of years. We have been seeing a marriage counsellor for the past few months and sworn to us that he stopped seeing the "Girl" in question. i found out that he has been lying again for the past few months... i would like to know my option about separation and or divorce. I know it sound silly story but there are more to it... I cannot be with an husband who does not fulfil his husband duties and has been disrespectful, betrayal and more. I am concerned about the fact that I have a property (bought it prior to our marriage) and since he started to live with me he has not contributed anything to it. He started to participate / contribute and would like to know if we do get a separation or divorce what will be the consequence to my income.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.

Hello

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?

kind regards

Caroline

Customer: replied 1 year ago.
Hi Caroline
Thank you very much for your response. My husband is 40 and I am 49. We do not have any children, just 2 cat.
we do not have a prenuptial agreement. We got married in Reunion Island (French Island) and could not to get an English solicitor other there.
We do not have any marital asset, we do not have anything in common (buy anything in common)... I have my pension set last year (£25000). My flat is worth about £300k. The only contribution he has so far is £1500 per month for the last 4 years.. but before that it was about £500/m....
We both working as consultant, he earns about £450/ day WHILE i get £50/h ...
even thought that we have not have bought anything in common, i am concerned that if anything happen.. he will get somehow access to my asset.I just want to know what will be the consequence of this separation or divorce, What are my rights? Also the 2 cats are like our"kids`".
Thank you
Lucette
Expert:  ukfamilysolicitor replied 1 year ago.

Dear Lucette

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

  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 (e.g. a right to your husband’s pensions).

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.

Kind Regards

Caroline

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Customer: replied 1 year ago.
Caroline
Thank you again for your quick response
Ok, let me summarise that.
Because that our marriage is over 6 years, then my property will be affected, he might get some type of share if we divorce.My husband does not have a pension , i have. My husband has not really participated/ contribute to any refurbishment/improvement in my flat. (except the Bathroom ... £2500)... yes, he is quiet tied with his money.
he was leaving at his parents when he moved in with me.. never changed his home address and i never changed my name too.
not sure if those information are relevant but I am trying give you full picture of my marriage.he does not have any asset, we only have a common current account which is used for paying any bills and restaurant/going out..
If there any further information that you need that could help me or you to understand my situation?
Regards
Lucette
Expert:  ukfamilysolicitor replied 1 year ago.

Dear Lucette

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

Kind Regards

Caroline

Customer: replied 1 year ago.
Thank you Caroline,I will think about it and come back to you .
Best Regards
Lucette
Expert:  ukfamilysolicitor replied 1 year ago.

that's fine with me.

Kind Regards

Caroline

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

This question remains unrated. I would be grateful if you could kindly rate my service. We receive no credit for our work unless positive feedback is received and the site just keeps your payment.

Please note that your question will not close when you leave positive feedback and I can answer your follow up question for free.

Kind Regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Very pleased with the services provided . Very fast
Customer: replied 1 year ago.
Hi CarolineHow are you? Could you please let me know if there is any legal document (existing or to be written) that I could ask my husband to sign so I can be sure that if in any circumstances that our marriage is dissolved and divorce that he will not claim any part of my assets (Flat/pension etc?)?
Prior to getting married, he sworn that if anything happened he will never do that but as you know people change and I am not really sure that he will have the same view in case of divorce.I would really appreciate if you could let me know and if there is any such document, where and how can I get it validated? what are the procedures?
Thank you very much for your help.
Best Regards
Lucette
Expert:  ukfamilysolicitor replied 1 year ago.

Dear Lucette

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.

Kindest regards

Caroline

Customer: replied 1 year ago.
Thank you very much for your advice Caroline . Very helpful and very much appreciated .. Very hight level service . Thank you again .
Expert:  ukfamilysolicitor replied 1 year ago.

I am happy to have helped you.

Kindest Regards

Caroline

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