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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 841
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My husband and I are divorcing after 30 years. We have agreed

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My husband and I are divorcing after 30 years. We have agreed to split the value of the house 50/50 and joint bank accounts likewise. However, it appears that he expects me to move out before I have any finances and whilst the house is still in joint names, saying he 'has plans'. It also appears that I am only entitled to 35.4% of one of his pensions. He has told his solicitor that I have declined to take legal advice (not true, although everything seems to be running on his terms). Could you tell me where I stand in this? Please and thank you!
Jane Prince
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your response.
You have a claim in relation to all matrimonial finances - your husband cannot simply say that you are not. I am concerned that your husband might be seeking to ambush you and is not following the correct process in relation to the matrimonial finances.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your ex need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc. If these apply to you then you should argue for a bigger share. Everything is included in disclosure.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval which you should lodge with an application for decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. This normally doesn't cost more than a couple of hours work. The court fee is £50 for submitting a consent order.
You need to have obtained decree nisi in divorce proceedings for the court to either make an order or approve an order - which means divorce proceedings would have to have started.
It is my advice to you that you simply do not take what your husband is saying at face value. Make a referral and go through the correct process to make sure you get a fair settlement. You can only do this once and you need a good settlement for the future.
Kind Regards
Caroline
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