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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1774
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband walked out after 26 years of marriage. We have 4

Customer Question

My husband walked out after 26 years of marriage. We have 4 children, 3 of whom still live at home aged 21,14 and 12. I've not worked for 24 years. My husband ran a successful business then took a sabbatical around 15 years ago, and has not worked since. He has pursued many expensive hobbies, the children have all been privately schooled, and he always promised to go back to work if necessary. In the last few years he has been saying that he is unemployable and we would have to be careful but he has continued with his hobbies at a lower scale. (Yacht in uk not power boat in Majorca for example). All that's left is the house I'm living in worth in excess of £1.3 million, his yacht, and £300,000 proceeds from the sale of a second home, (with capital gains to come out of that) which us in an account I cannot access. He's 200 miles away and I don't have an address to reach him at. He's planning to rent somewhere and says he will split everything 50/50 with me amicably and is metering money out to me £1000 at a time, when I ask. He has said he would prefer not to divorce at this point in the interest of preserving the funds we have left but currently gives me no hope of reconciliation. I wish to remain on amicable terns because of the children. I have told him I believe it would be in my better interest to begin divorce now. He indicated that he would make it very difficult for me to reach settlement if I did. I've indicated that I would like him to transfer my share of the liquid asset to me in a lump sum and should work out a figure he thinks fair. He agreed in principle but hasn't done anything about it yet. I am worried. What should I do next?
Submitted: 5 months ago.
Category: Law
Expert:  Harris replied 5 months ago.

As part of the divorce you will need to reach a financial settlement, 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 once the divorce petition has been issued.

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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