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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 978
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am in middle of marriage split we have no property just

Customer Question

I am in middle of marriage split we have no property just rented accommodation. What am I entitled to ? I mean financially . Am I entitled to half of my husbands money? In accounts that is in his name?
Submitted: 29 days ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 29 days ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how long have you been married?

- is divorce contemplated?

- how much money does your husband have in his accounts?

- any other matrimonial assets including pensions?

- what is the respect earning positions for both of you?

- any minor children?

kind regards

Caroline

Customer: replied 29 days ago.
Married38years. No divorce as yet but looking more and more like it. Accounts are in Halifax and virgin money.
Customer: replied 29 days ago.
Customer: replied 29 days ago.
Can u please hurry frightened in case he returns
Customer: replied 29 days ago.
Just wanting some advice.
Expert:  ukfamilysolicitor replied 29 days ago.

Hello

The request for the phonecall wouldnt allow me to proceed. There is an extra charge for that. I think that customer services may try and contact you.

If you would prefer just to continue messaging I am happy with that.

let me know.

kindest regards

Caroline

Customer: replied 28 days ago.
I do not wish you to contact me by phone as this is now inconvenient.
Customer: replied 28 days ago.
Approximately£50000 in accounts no other assetts he is now retired and on pension I work at a local supermaket 22 hours per week . Children grown. Although we have a car worth approximately £5000. We both have isa,s.
Customer: replied 28 days ago.
Am I entitled to any accounts ? I have saving of approximately £11000.
Customer: replied 28 days ago.
Awaiting to hear from you and thank you for your time .
Expert:  ukfamilysolicitor replied 28 days ago.

Hello

Thank you for your response.

Please accept my apologies for my delay in responding to you.

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:

  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).

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.

Kind regards

Caroline

Please kindly remember to star rate my answer so that credit is received for helping you today. Your question will remain open when you leave positive feedback and I can then answer your follow up questions for free for you.

ukfamilysolicitor and 2 other Family Law Specialists are ready to help you
Customer: replied 28 days ago.
thank you for your reply it has been very useful also thank you for your time .
Expert:  ukfamilysolicitor replied 27 days ago.

Glad I could help.

If I can assist you further then please do not hesitate to ask.

kindest regards

Caroline