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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good Morning My husband has left me to set up with another

Resolved Question:

Good Morning
My husband has left me to set up with another woman.
I am 54, have a dependent adult autistic daughter and work part time.
What can I expect him to provide me with and what am I entitled to.
He has a company pension and will inherit a reasonable amount when his parents pass away.
Also he gets annual bonuses.
I am very overwhelmed at present
Melanie Thompson
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
I would suggest that you consider pursuing a divorce as soon as possible, given that he is moving to Germany you would want the matter to be dealt with here and for an English Court to decide. Once the divorce petition is issued (this could take a month) you should submit an application for financial relief under Form A - given that he would have left the UK by the time you submit the application you will be exempt from mediation.
Regarding a possible settlement, the Court will take into account the following factors when deciding the case:
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).
Given that you have a child with certain needs, a financial settlement may be weighed more in your favour.
Please do let me know if you have any further questions.
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