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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2735
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am seperated from my husband for nearly six years. He

Resolved Question:

Hi, I am seperated from my husband for nearly six years. He still lives in our family home with his twin brother.. All three of us are joint owners on the mortgage. My marriage broke down, purely because, my husband, lives with his brother, works with his brother, and shares the same hobbies as his brother. There was always three of us in the marriage. I now feel it is time to move on with my life.... I struggle each month living in rented accommodation with our daughter. Where do I stand if I go for a divorce, my husband and brother in law tell me I won't get anything. The barn they live in is valued at about £400.000. Thankyou for any help
Submitted: 12 days ago.
Category: Law
Expert:  Harris replied 12 days ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What is the outstanding mortgage?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 12 days ago.
Thankyou..I'm 52 next week, my husband is 64. We married in 2005. We have one daughters she is mine and my husband adopted her in 2004...she will be 17 in two weeks.she is studying A levels then wishes to go to university to study to become a teacher. She lives with me full time.. I earn approximately £10,000 a year and my husband earns approximately £28.000 plus extras as he is involved in a tv series, and other filming..
The mortgage is currently £ 49,000 repaid at £798 a month (approx)
I have just been entered into a nos pension last month with my new jobs I believe my husband has already taken his private pension...
I own an old mini, worth about £900, my husband has a newish jaquar which he has on lease I think and he owns a GT40 replica, but he had that before i met him..
Customer: replied 12 days ago.
I don't wish to switch to a phone call. As a single parent I will struggle to pay th £47 fee...Thank You
Expert:  Harris replied 12 days ago.

Thanks for confirming. Despite what he says alongside the divorce there needs to be a financial settlement which will take into consideration all matrimonial assets and his legal interest in the property. Given the long marriage you have good entitlement to seek a fair share of assets. 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. 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 10 days 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.

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