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Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2723
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Divorce advise. I was just wondering if I'm entitled to

Customer Question

Divorce advise.
I was just wondering if I'm entitled to anything now that I've left my wife. My wife owns the house she bought it before we got married. She bought it but we both moved in together and I helped her pay the bills and did the house up to increase the value. 2 years later the house next door came up for sale. So her mum bought that house so I could do it up for her and me and my now wide will move in. In return her mum would rent the first house to make money. We moved into that house and lived there a couple of years. Then we got married. 6 months later my wife had an affair. So we'd been married 6 months. Lived together 6 years but been a couple for 10 years. My name hasn't been on any of the deeds. But I spent 2 years doin the 2 houses up. Spent thousands of my own money. We have 2 kids and I've now left and I'm living in a rented accommodation. The only things I've taken is my own clothes etc. A t.v. and a Hoover. Am I entitled to claim anything when I file for divorce? Thank you
Submitted: 2 months ago.
Category: Law
Expert:  Harris replied 2 months ago.

Thanks for confirming. Arising out of the marriage you have certain financial rights and a right to claim financial relief. If the former matrimonial home is in your wife's name, you will have matrimonial home rights to it and can register this using form HR1 with the land registry and this will be reflected on the title - your wife will be given notice of this.

Aside from this you have a right to claim financial relief from the wider matrimonial assets.

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. For your information the criteria considered by the court in these matters 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.

I hope this assists you. 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 your question without a positive rating. Thank you

Expert:  Harris replied 2 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.