Welcome to Just Answer
I am a Solicitor and will try and assist you today.
Please may I ask:
- is your husband still in the UK?
- who is living in your UK house?
- are there any minor children?
- are there any other assets for both of you including pensions?
Thank you for you response.
A few more questions:
- what are your superannuations account values for both of you?
- how much is the equity in your home?
Thank you for clarifying that for me.
As I am a Solicitor specailising in English Family Law - I can only tell you the position in respect of the law in this jurisdiction.
I can tell you that if you want to petition for divorce in the UK then you have to be habitually resident in the UK. I note that you have stated that you are consiering remaining in the UK and if you do decide to remain then you will be able to petition in the UK.
You have to be aware that under English Law - if divorce is commenced then either party is able to make a claim in respect of the matrimonial finances. There is a set process for dealing with the matrimonial finances. The first stage of which is full disclosure of all assets and liabilites for both of you. Once disclosure has taken place then discussions can take place in respect of division.
You have to be aware that the starting point for division is equality - that being equal - for long marriages (considered to be over 5 years).
It may well be that your husbands account is of such a value that he may wish to keep that account and this can be offset against the property.
It can be argued that you brought the main assets to the property but this is not a guarantee. The court can decide to ringfence some of your pre martial assets but often only if both parties needs can be met out of the remaining assets.
I know that this isnt what you want to hear but I do have to be honest.
Perhaps you could try and agree a pyment to your husband. If this can agreed then you can submit a consent order to the court for approval when applying for decree absolute in your divorce. Do not make the payment until the court has approved the order. This would have the effect that your husband cannot make any further claims.
All that being said - as you have both been resident in Australia - you may wish to seek advice from a Lawyer in Australia to seek how that jurisdiction deals with divorce and finances. If that is more advantageous to you - then you may want to consider filing for divorce there instead.
Let me know if I can help you further
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Sorry for my delay in responding to you.
If you wanted to file for divorce in the UK before you have been sepearated for 2 years then this would have to be dine on the basis of your husbands unreasonable behaviour.
For this type of petition you would need to detail 6/7 reasons as to why you can no longer remain married.
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