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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I want to get a divorce from my wife. No children, we have

Customer Question

I want to get a divorce from my wife. No children, we have been married for 5 years. I have two properties both in my name. She has never contributed financially to anything. She has nothing apart from a business that doesn't make any money I think. As I don't want anything from her I thought it would be easy to go ahead and file for divorce. I'm wondering what she is entitled to?
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:
-How old are you both?
-Did you cohabit immediately prior to the marriage, if so for how long?
-Please list all assets and pensions do you both have (both sole and joint), together with values and outstanding mortgages and debts?
-What are your respective incomes?

Customer: replied 1 year ago.
She is 34 and I'm 37. We did cohabit as soon as marriage but not before.
Assets are just 1 house and one flat. Value of the house is £450k and the flat is £300k. Outstanding mortgage on the house is £255k and the flat is £150k. Debts are a loan for £20000 left and also about £500 on another.
Respective incomes - I'm £55k and she is about £10k but has a business with about £10k of stock.
Expert:  Harris replied 1 year ago.

Are either of the properties the matrimonial home, if so which one?

Customer: replied 1 year ago.
1 property is the matrimonial home - the house
Expert:  Harris replied 1 year ago.

Thank you for confirming. Firstly, arising out of the marriage she has matrimonial home rights which entitle her to occupy the matrimonial home until at least divorce is granted and she will be entitled to make a claim to at least that property, despite there being no financial contributions. This right arises out of the marriage. In relation to the debt - if it can be demonstrated that this was for matrimonial purposes it would be reasonable for this to be shared between you. Furthermore, given the discrepancies in income she would have grounds to claim spousal maintenance for her reasonable needs, or in lieu of spousal maintenance she can seek a greater share of the assets.

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

Customer: replied 1 year ago.
Just one question. Would I still be able to occupy the matrimonial home at first or not?
Expert:  Harris replied 1 year ago.

You have a legal interest in the home and therefore are able to continue occupying it unless there is a court order preventing you.

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 1 year 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.