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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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What are my wrights when getting a divorce about splitting

Resolved Question:

What are my wrights when getting a divorce about splitting the assets even though most of the assets are in my husband name?
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?
-Do you have any children together, if so their ages and proposed arrangements?
-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.
HiI am 42 years old and my husband is 56 years old. I have a 13 years old son from a previous relationship. We leave in England and we have been married for 5 years. We work from home in a LTD company and my husband is the sole owner with me as a company secretary. My husband bought 3 properties while married and all 3 are in his name. We do have a house together. His pension is about £600,000.00 while mine is about £20,000.00. We've been working together for the last 10 years for the company and all the money he has in his savings and the houses he bought come from the company.
I know I am entitel to half of the house we own but need to know my wrights on the rest of the properties and his pension.
Expert:  Harris replied 1 year ago.

Did you cohabit prior to the marriage, if so for how long?

Customer: replied 1 year ago.
Hi, Yes we leaved together for about 4 years before the we got married
Expert:  Harris replied 1 year ago.

Thanks for confirming. Given you have only been married for 5 years and cohabitted for 4 years prior to that, it is likely that your husband would have grounds to "ring-fence" pre-marital assets. So anything that has not been used for matrimonial purposes and was acquired prior to the marriage (and potentially the cohabitation), can be ring-fenced and you may not be able to claim against them. However, you would be entitled to claim against all matrimonial assets and the court's starting point would be a 50-50 split of the matrimonial assets and ensuring that both your needs are met.

I hope this assists you. 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 your question without a positive rating. Thank you

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