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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2781
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have 4 children and been married for near on 8 years. I

Customer Question

I have 4 children and been married for near on 8 years. I don't work and haven't for the last 5 due to myself rasing the family and my husband works abroad upto 3 months at a time. I'm at the point of wanting a divorce and want to know where I stand financially
Submitted: 10 months ago.
Category: Family Law
Expert:  Harris replied 10 months 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?
-how old are the children and proposed arrangements for them?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 10 months ago.
We live in North West England. We are both 41 years old.
Been together 24 heard married for nearly 8
Children range from 10 - 6 months
I bring up the children as he is away a lot
We have 2 cars a caravan and a boat
Savings around 15k
My husband earns anything from 100-120k a year
Customer: replied 10 months ago.
He also works for a Malaysian company and is paid by USD into a HSBC Bank abroad.
Expert:  Harris replied 10 months ago.

Thank you. Arising out of the marriage you would be entitled to seek financial relief from him, which can include orders in relation to properties, pensions, spousal maintenance and a variety of other orders and given the disparity in your financial positions and 4 children in your care you would likely have a reasonable prospect to obtain a decent settlement. You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. 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.

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

Expert:  Harris replied 10 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.