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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been married for nearly 25years and last june my

Resolved Question:

I have been married for nearly 25years and last june my husband walked out, left the marital home and turned his back. He has still paid the bills each month but I have had to take on all household bills. I arrived home on saturday to a letter from his solicitor saying that my husband wanted a divorce and because we hadn't been separated for more than two years that it had to be on the grounds of BEHAVIOUR and would I agree to this. This is the last thing I want but understand that it will happen. My biggest worry is my home and will he still have to provide anything for me as both our children are grown up and left the family home. My husband has been the main bread winner of the house as I looked after the home and the children and so therefore my job was only part time
Many Thanks from a very concerned person
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?

-How long have yo been separated?

-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 11 months ago.
I am 49yrs old and my husband is 48yrs
Next wednesday 19.10.16 would be our silver wedding anniversary
My husband walked out early June 2015
Property valve maybe approx £150,000 Mortgage runs out July 2017 but on a serious shortfall with the endowment part not quite sure of figures
I am living in the property alone
The property is in joint names
Only possessions, Husband works for local county council so has a pension I am self employed but took out a small pension maybe 25years ago
Husband brings home just over 2,000 per month with all deductions and I maybe earn about £10,000 a year
Expert:  Harris replied 11 months ago.

Thanks. Just a few more questions:

-By serious shortfall in the mortgage do you mean that the property is now in negative equity?

-What is the value of both your pension pots each?

Expert:  Harris replied 11 months ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 11 months ago.
sorry for the delay in my answer but was trying to find out all the information.
The endowment part of the mortgage finishes in July 2017 which is only one part of the mortgage and this is what is on short fall. The rest of the mortgage is on repayment and this finishes October 2023. Total outstanding is about £55,000 and the original endowment was for £31,500 (not sure on how much the short fall is)
My pension pot is only 12,600 as this was a private one I took out in 1992. Unfortunately I don't have figures for my husbands pension as I don't have the access but he has worked for County Council for over 20years now
I hope that helps
Expert:  Harris replied 11 months ago.

Thanks for confirming.

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

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