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?-Did you cohabit prior to the marriage, if so for how long?-Do you have any children together, if so their ages and proposed arrangements?-What is the value of the property, and what is the outstanding mortgage?-Who is now living in the property?-Whose name is ***** ***** in?
-When was the property purchased and has it been used as the matrimonial home?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Are there any other properties, savings, investments or any other assets at all?
What about him?
No worries, I will wait until your return.
What are his debts in relation to and when were they accumulated?
Thank you. Firstly, your marriage is short but in short marriages the court considers periods of cohabitation prior to the marriage and the court will likely agree that the marriage length would be considered to be medium length at just over 6 years. Furthermore, as your property has been used as the matrimonial home, even though it is in your sole name he has matrimonial home rights which entitle him to occupy the property at least until divorce and also seek a share of the property, despite him making no financial contributions towards it. You would also need to disclose your savings and other property and it will need to be considered as to whether it is a matrimonial or non-matrimonial asset.
As the debts accumulated from a previous marriage you will unlikely be made to share them with him unless you have accepted them as matrimonial debts and contributed to their repayments.
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. 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.
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