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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2738
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am after domr legalitarian advice on divorce and my

Resolved Question:

I am after domr legalitarian advice on divorce and my financial support as my husband hides most of assets from me. I have two young children but can't tolerate his lies and deceit anymore but I'm worried I won't be able to afford my house or look after my children. He has btl properties but I have no idea of incomega or expenditure. He hides everything from me.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales

-How old are you both?

-How long have you been married?

-How old are the children?

-Is the current home owned or rented, and in whose name?

-What is the value of the home and how much outstanding mortgage?

-What other assets do you both have, including values and mortgages?

-What is your income?

Customer: replied 1 year ago.
Thank you for your response
England
38 and I'm 37
5 years
Both are 3yrss old
Home owner in my name as he has another residential mortgage for his parents
Value approx 360k outstanding 209k
Me nothing other than this house. He has a residential house and approx 4 btl one of which he has just sold.
My salary 28k
Thanks
Expert:  Harris replied 1 year ago.

Thank you - has a divorce been pursued and if so, what stage has it reached?

What are the arrangements for him to see the children?

Customer: replied 1 year ago.
Nothing yet as I'm scared I can't afford to live. But his lies are getting worse and I can't continue anymore.
I'm not sure what I can do with the children he is a good father just a rubbish husband
Customer: replied 1 year ago.
We are still living together on the house in my name. He pays the bills I pay the mortgage. He also pays for the mortgage where his parents live.
Expert:  Harris replied 1 year ago.

Thank you.

Firstly, if you remain the main carer for the children you can pursue an application for child maintenance from him. This can be done through the child maintenance service (http://www.cmoptions.org/en/other-arrangements/statutory-service.asp) - they will do an assessment and advise what the legal obligation for him is. They will then advise you of options to collect payment from him.

In relation to the divorce, this can be pursued under either the grounds of unreasonable behaviour or adultery - depending on the facts. Once the petition is issued you can consider pursuing an application for financial relief which will consider both your financial positions and assets, and both you needs and the children's needs.

You should also be aware that despite the matrimonial home being in your sole name, as you have lived in it as husband and wife he will have matrimonial home rights - so he will have a right to live in the property until divorce or a court order excluding him from the property.

In relation to the financial matter initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets 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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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