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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34133
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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HiI have received a decree nisi from my husband as we

Resolved Question:

Hi I have received a decree nisi from my husband as we have been separated for more than 2 years. I consented to the divorce but we haven't reached a financial settlement. I'm concerned that he will apply for the absolute and I will not get a settlement. We have no children. He gave me £55,00 which is the amount he says hat I'm entitled to. Can you help?

Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assets and debts are there and what income do you each have?
How long were you living together?
Clare
Customer: replied 2 years ago.
Hi Clare
We met in 1997 and mariried in 2000. We met 1997 and started living together in 1998 and separated in December 2011.
The marital home was sold in 2014 for 243k and he gave me 55k which he said was what I was entitled to. He bought the house in his name only in April 1999 when we were engaged and we lived there from that date onwards.
When we separated, he worked part time and I worked full time although he earned more than me. I contributed £850 per month for 12 years from my salary to pay our joint expenses.
We had a 21k mortgage on the property which I did not contribute to when I left as I could not afford to. He has now bought a property and lives with his girlfriend but I cannot afford to buy and live in rented accommodation. He took early retirement from the civil service in May 2014 and received a severance although I do not know how much. When we bought the house he paid a large deposit which he says means that he can take the largest chunk of money. We had debts of approximately 20k which were paid off by my husband but I believe that he has received at least 150k from the sale of the house. My husband dealt with all our finances from the start of our marriage - I simply handed over my money each month. I don't feel that it is fair that he has been able to buy a property and retire from work and yet I cannot afford to buy or give up work. I contributed financially to the marriage from the start. I only want what I might be entitled to and what is fair. Thank you
Expert:  Clare replied 2 years ago.
Hi
The starting point for division of all the Matrimonial assets is 50/50.
This includes the Pension that accrued whilst you were married.
The fact that he paid the deposit and that yours was a medium length relationship means that the court might have awarded him a larger share say a 60/40 split in his favour - but not more than that
Your starting point is to make an immediate appointment with a Family mediator
www.familymediationhelpline.co.uk
If your ex refuses to attend or it breaks down then you can make an immediate application to the court for financial details to be dealt with by the Court
You can still do this after Decree Absolute - but the sooner that you start the better
Please ask if you need further details
C;are
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