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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2309
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I are currently separated. We are begining

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Hi My husband and I are currently separated. We are begining to talk about splitting our finances. I have lived in the family home for 3 years paying half the costs we habe been married since Nov 2013. My name isn't on the mortgage. Am I entititled to any equity from the house? He also has shares, 2 cars owned outright and a large pension fund. We jointly own a limited company he says he will sign this over to me in entirity as a full and final settlement. The business is worth approximatelt 40k with 4k of debt (he invested 35k into the business over the 5 years its been operating) there is approx 75k equity in the house 10k in shares, 6k his cars and an unknown amount in pension. I have 12k of debt and no savings or assets. As I am self employed no possibly of obtaining a mortgage now. He says he has taken legal advice and that signing the business over to me is more than generous. How right is he or am I likely to be entitled to half of all assets.
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Do you have any children together if so how old?-How old are you both?
Customer: replied 10 months ago.
We don't have any children together I have 2 children but they are both over adults. We are both 47
Expert:  Harris replied 10 months ago.
Thanks - immediately prior to the marriage did you cohabit with him? If so for how long?
Customer: replied 10 months ago.
I moved in to his house 9 months before we married. I didn't put any money into the property but I paid for the wedding 15k out of proceeds of my property which I sold before moving in.
Expert:  Harris replied 10 months ago.
Thanks for confirming. Given the relatively short marriage of 3 years, the court will likely add the 9 months you cohabited to the length of marriage - slightly increasing the length. In relation to the home, despite you not being on the title of the property, you still have matrimonial home rights (which can be registered at the land registry) which entitle you to occupy the property until divorce. Furthermore, as part of the divorce the court considers all the matrimonial assets in a financial settlement. The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets, taking into account contributions and ensuring that both your needs are met in relation to both assets and income. The criteria considered is: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.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  ukfamilysolicitor replied 10 months ago.
Hello I am very sorry to hear this. The best option for your son is to make an application to court for: 1) a Child Arrangement Order to confirm the time that he spends with his child and2) a parental order - so that he can be added to the birth certificate Whilst I note that you appear to have been quoted a large amount of money to make an application to court - I would like to make you aware that it is more than possible to make an application to court without legal representation. It is actually very common for parties to be unrepresented in these types of proceedings - since the withdrawal of legal aid. Your son will not be disadvantaged and he does need to apply to court in his circumstances. I would like to reassure you that it is the position of the courts that it is a childs right to have a god relationship with both of their parents unless there are child protection concerns. The courts see parents as equals and the courts do not look well upon a mother whom seeks to restrict a relationship between a child and the father The first thing our son needs to do - is to refer his case to family mediation. This has to be done before he can apply to court otherwise the court will reject his application. 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. Mediation will try and help both parents agree schedule. If the mother wont engage in mediation or matters cant be agreed then the mediator will sign the application form that your son needs to apply to court. The court form is this one: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253 As your son is not named on the birth certificate then he will also need to complete this one: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=78 The only court fee is £215. Your son may be eligible for a reduction on this fee dependant on his circumstances - see his form: https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees The completed form is sent to the local family court o where his child lives - which you can locate here: https://courttribunalfinder.service.gov.uk/search/ If the mother is seeking to restrict the relationship for no good reason then your son does need to take these steps. If the mother was to breach a court order in respect of his spending time with his child then she could be sanctioned including a fine, community order etc. Let me know if I can help you further Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
Expert:  ukfamilysolicitor replied 10 months ago.
sorry this has posted under the wrong question
Expert:  Harris replied 10 months ago.
Hi, I am sorry for my colleagues incorrect interjection above. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2309
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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