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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband left me and the dogs, we agreed and signed a piece

Resolved Question:

My husband left me and the dogs, we agreed and signed a piece of paper that we would share 50% of the costs till whilst they were alive he has now changed his mind - what can I do as I will find it difficult to keep them without his help
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Just a bit more information required: -Are you pursuing a divorce-How long have you been married-Do you have any children together-What is your financial position (income and assets and liabilities)-What is his financial position
Customer: replied 10 months ago.
Divorce has not been discussed
We been married 13 years, together 15, dogs are 7 and 8
No children, live in private rental, as does my husband now, my salary is £39k with savings of £12k - husband not too sure I believe he earns £42 k not sure of his funds although I know it is same or more than me
Expert:  Harris replied 10 months ago.
Thanks. Do you both have pensions, investments or other properties at all?
Customer: replied 10 months ago.
He also has a guaranteed commission this year of another £ 10k
Customer: replied 10 months ago.
I cashed in my private pension to assist our return from being us being expats, the balance was £16k which hubby has half when he left and I have half - there is nothing else
Customer: replied 10 months ago.
My husband has a company pension from his work although he signed contract whilst together he didn't start the job till 3 weeks after he left
Expert:  Harris replied 10 months ago.
Thank you for confirming. If divorce proceedings are issued, you can make an application to court for financial relief. This can be an application in relation to the current savings and husband's possible pension, as well as spousal maintenance. You will both need to provide each other with full and frank financial disclosure, to include at least 12 months bank statements and disclosure of all assets, income and liability. The court's starting point will be a 50-50 split of all assets. Given that it is a long marriage and your current financial positions appear to be similar, as well as there being no children, the court will unlikely depart from a 50-50 split of the assets. In relation to spousal maintenance, you will both need to disclose your reasonable needs (ie.outgoings) and assessment needs to be made regarding whether there should be any spousal maintenance provision. The court will take into account all the facts of the case and the following criteria when reaching a decision regarding the finances: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. You should also be aware that prior to commencing an application to court, the court will need you to at least attempt to settle the matter without issuing an application. You will therefore need to consider whether mediation is suitable. You can find local mediators here: familymediationcouncil.org.uk. The mediator will assist you both in reaching an amicable agreement and if mediation fails or does not proceed, you can then pursue the matter to court.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 10 months ago.
So what about his agreement to pay for the dogs - do I have to go through all this first?
Expert:  Harris replied 10 months ago.
Yes, if he does not agree to support you voluntarily, then you would need to pursue as stated above. Again, if he does not respond to your direct requests, then you should refer the matter to an independent mediator.
Customer: replied 10 months ago.
Thank you, ***** ***** the above be on an email too?
Expert:  Harris replied 10 months ago.
I am not sure if an email confirmation of the details would have been sent to you, but you can bookmark this page and return to it in the future.Please provide a positive rating if you found this information helpful. I will not be credited for answering this question without a positive rating. Thank you
Expert:  Clare replied 10 months ago.
HiMy name is ***** ***** I have been a family lawyer for more than 30 yearsTo deal with your specific query I am afraid that the agreement that was signed is NOT enforceableGiven the fact that you both earn a considerable amount I am afraid that the Court will not take the needs of the dogs into considerationand it would be wrong of me to allow you to think that they wouldPlease ask if you need further detailsClare
Customer: replied 10 months ago.
My life has changed considerably since my husband walked out, he has been paying for the past year 50% of the costs of the dogs as per the agreement which we both signed. Surely a precedent as been set? Over the 15 years together I have put £50,000 into our relationship he has put £15,000 are you now saying there is nothing I can do ? Even though he has put in writing to me that prior to leaving he wanted to make sure he was financially secure with his new job gaining a pension which I now do not having cashed it in to bring us back to the UK and obviously foolishly putting into premium bonds and ISA's for both of us only have £8,000 out of the £16,000 balance as my husband has the other half - seems unfair that he is now financially secure and I am not yet left looking after our dogs which I cannot afford on my own
Expert:  Clare replied 10 months ago.
You have clear capital claims against your husband which can be dealt with within the financial side of divorce proceedings.However the issue of the dogs is simply not one which the court will addressI am sorry but it is deeply unfair to allow you the think that a Court would take account of them when I know they will not do so
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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