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I can confirm that should you decide to divorce, then you would also be able to make a claim in respect of the matrimonial finances.
The matrimonial finances includes all of the assets for both of you.
You are therefore entitled to a share fo your husbands savings and also his pension. First step is full disclosure and your husband would have to provide you with the details of his savings and pension and you would have to provide your husband with the details of your savings.
Next step once full disclosure has taken place is discussions about division. The normal starting point for division, for long marriages (considered to be over 5 years), is equality.
The court looks at the following factors when deciding if to depart from equality:
- 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;
- The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- The standard of living enjoyed by the family before the breakdown of the marriage;
- The age of each party to the marriage and the duration of the marriage;
- Any physical or mental disability of either of the parties to the marriage;
- 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;
- 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;
- 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).
You should consider mediation as they can help you and your husband through full disclosure and also discussions about division. If agreement cannot be reached at mediation then you can apply to court for an order. Mediation is a prerequisite before you can apply to court but if that doesnt work then then mediator will sign the form for you so that you can apply to court.
There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling.
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