Hi, thank you for your question. Just a bit more information required to fully assist you:
-Do either of you have any pensions, if so what is the value?
-Is there any outstanding mortgage on the former family home, if so how much?
-How many bedrooms is the former family home?
Thanks for confirming. Given that there is a shortfall in your reasonable needs and your income, as well as his higher income, you will have grounds to apply to seek spousal maintenance to cover the shortfall. The court's starting point will be a 50-50 split of assets, however, given your lower income and assets, it could be argued that the split should be more in your favour.
Furthermore, and most importantly, you will need to both obtain CETVs of your pensions as if there is disparity in pensions, you have good grounds, given the length of the marriage and your ages, to pursue at least equalisation of pensions.
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
Thank you. He would not be legally entitled to assets from his current partner unless he has legally registered his interest and this will not impact on his right to claim from the matrimonial assets. It will need to be assessed as to how long-term his relationship in as this can be used as argument that his housing needs are reduced given that he has been accommodated.
In relation to accepting a 50-50 split settlement - the main "drawback" is that you will likely be able to obtain a higher share given that your long-term income prospects are lower than his. If you are able to buy out an equitable share of the home, then this may be a good option to ensure that your housing needs are met mortgage free, but it may be more suitable and financially viable for you to agree a sale of the home and equity to be divided in order to rehouse yourself in smaller accommodation. Again this will require a lot of thought and assessment from you to see how you wish to proceed.
No worries. He has taken a lump sum payment and therefore if this remains unspent it will form part of the finances for negotiations.
Thank you. You should be aware that if you believe he is now spending the money he has received in order to defeat any claim by you as part of the financial relief proceedings you would be entitled to apply for an urgent freezing injunction but this must be in relation to specific assets with evidence of the potential disposition of it (eg. specific bank accounts or property).
Thank you - please let me know what the further question is and I will attempt to assist you.
You would need to find out what lump sum he has obtained from his pension as this would be relevant to deciding what settlement should be accepted.
There is no obligation on you responding to his offer, especially as his CETV is outstanding and it is vital to know this information.
Despite what he is saying, given the extremely long marriage of 41 years and both your ages you are entitled to make a claim towards his pension, as is he towards yours.
Yes, you should be informing him that no decision can be made regarding proposals until you have his CETV. There does not seem to be a need for further mediation appointment until this is received as you cannot reasonably accept or reject any offer without this information.
You need to inform your solicitors who should be able to advise you on an appropriate settlement in light of the CETV disclosure - but in general terms given your ages and the length of the marriage a court will more likely than not agree that pensions should be equalised.
No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris