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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2662
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am in the process of filling in divorce papers with my

Customer Question

Dear sir/madam,
i am in the process of filling in divorce papers with my wife and would like to know where i stand legally in terms of property matters.
i first suspected my wife had an affair in December 2013 and confront her about it but she denies it. The seeds of doubt and trust has been broken and we stopped being a couple. Because my two boys are still young, born May 2002 and August 2004, and financial constraints, we live under same roof to raise the boys until they are older because they have severe allergies and their meals has to be cooked at home.
we have not been a couple for the last 4 1/2 years , and I have decided this year the boys are old enough now for me to begin a new life for myself.
we have been together for 21 years, and was married in Oct 2001.
my wife has not been in paid employment for the last 17 years, but stayed at home to care for the boys and her daughter from previous relationship, born Nov 1991.
in 2005, we emigrated to live in Australia, but return to UK in May 2010. i have always put my name on title deeds for all the properties we brought over the years, but did not do so on the current family house when we came back. i did not seek legal advice because i believe being married, i would have a share to it automatically. the house has no mortgage.
we also own a piece of green belt vacant land in my name, jointly owned with another investor, in surrey.
because i cannot provide no proof of her adultery which happen so many years ago, and is now lodging divorce papers, we agreed she will petition it on grounds of that i have behaved in in such a way that the petitioner cannot reasonably be expected to live with the respondent.
her demands were that she wants to keep the house until boys finished their full time education, could be up to 21 years old she says, because according to family law, the judge will rule in her favour if I contest this and will just rack up a lot of fees and I will go in debt. i have also agreed to pay her £150.00 a week in child maintenance. i have also agreed to transfer the land title to her name.
i just want to move on with my life now, and will walk out with just over £500 in my bank account, and will borrow funds from family members to start over again. the rest of savings has always been held in her bank account
i am currently a bus driver on £23K gross p.a, and will move out of the family home at the end April.
what i want to know is once the divorce is completed, will i have any more legal right to the family home in the future, as it is only in her name. I read that i can submit a form for Home Rights, but will it protect me.
Please advise me how I can protect my share, if i m entitled to any, as it would be my pension in the future after the boys are grown up. i am currently 45 years old.
thank you
Submitted: 2 months ago.
Category: Family Law
Expert:  Harris replied 2 months ago.

As part of the divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

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.

You should also register your home rights on the title, although this will end when you divorce, which is why you need a consent order regarding the finances to protect you.

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 2 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.

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