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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 979
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can I get some advice around what I am entitled to if I

Resolved Question:

Hi can I get some advice around what I am entitled to if I divorce.
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long were you married?

- what are the matrimonial assets (and values) including pensions?

- any minor children? who will be the main carer?

- what is the respective earning positions for you and your spouse?

kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

It was nice to speak with you.

This is the form that I urge you to register to protect your rights of occupation in the matrimonial home and prevent your husband from selling the same until the issue of the matrimonial finances is resolved:

https://www.gov.uk/stay-in-home-during-separation-or-divorce/apply-if-the-property-is-registered

Expert:  ukfamilysolicitor replied 1 month ago.

As discussed - Im not concerned about the purported pre nup. You did not have the benefit of full disclosure and independant legal advice so a family court Judge will not be bound by whatever you was asked to sign on the night before you married.

Expert:  ukfamilysolicitor replied 1 month ago.

This is the criteria the court considers on division of assets:

  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 (e.g. a right to your husband’s pensions).
Expert:  ukfamilysolicitor replied 1 month ago.

Given the length of your marriage and previous relationship the starting point really is equality. The court will be concerned about meeting the housing needs of you and your daughter (whom will be considered a child of the family) so do not sell yourself short. The court can set aside previous assets but will often give a greater share of other assets and want to make sure needs are met.

Expert:  ukfamilysolicitor replied 1 month ago.

If I can help further just ask as questions in this thread are free.

kindest regards

Caroline