Thank you for confirming. You can make an application for financial relief which will take into consideration all matrimonial assets. He will need to disclose what has happened to the assets of the business and what benefit he obtained from the liquidation and where any money has gone. Given the potential complexity of his business arrangement, the court may wish to investigate this and a court will decide what to do based on what his true interest is and they can ignore the actual structure of the company if it is intended to defeat any claim that you make.
In relation to the home, if you can prove he has the true interest in the property and not his father, then you can make a claim towards the property, however if you cannot prove this then you cannot make a claim towards it as part of the divorce.
As part of the financial negotiations and any court proceedings 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.
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