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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1158
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am from the Ukraine and have a spouse visa until september

Resolved Question:

I am from the Ukraine and have a spouse visa until september 2018.I am married to a farmer for three years it has broken down we sleep in separate rooms.Most of the farm is in trust or in his mothers name. He owns the house which has a mortgage. I want to leave him.where do I stand?
Submitted: 1 month ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I must confirm that I am a family solicitor and therefore can only assist you in relation to this area of law and not immigration law.

Please may I ask:

- do you know what the value of the house is? do you know the outstanding mortgage?

- are there any other assets and liabilites for both of you?

- any minor children?

- whow long were you together before you were married?

kind regards

Caroline

Customer: replied 1 month ago.
House around £500,000 don't know the mortgageLots of assets in the farm and houses on farm but think in mothers nameNo children2 years
Customer: replied 1 month ago.
I have been doing lots work for him, sorting out his house in Kiev, organising things on the farm helping with his accounts
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

I will prepare an answer for you now.

This will take me about 5/10 minutes to type for you.

kind regards

Caroline

Customer: replied 1 month ago.
thank you
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

What you need to know is the correct way of dealing with the matrimonial finances is by making a claim which can only be done once divorce proceedings have been issued.

The matrimonial finances includes all of the assets and liabilities for both of you. This includes all of your husbands assets including any assets that he owns with his mother and the house abroad. Family court Judges have really wide discretion and they are able to look behind any trusts to verify the true owners and include such assets as matrimonial asests. You will both be under a duty of full disclosure to provide full details of all assets and liabilities for both of you to each other. You will then know how much equity is in the matrimonial home.

With a long marriage, considered to be over 5 years, then the starting point for the division of all assets is equality. Your marriage is shorter than this but the court can take into account any previous period of cohabitation.

The court considers the following criteria when deciding the matrimonial finances:

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;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;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;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;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 (e.g. a right to your husband’s pensions).

The courts main concerns will be that your needs are met for the future including your housing needs. This will become clearer for you once full dislcosure has taken place.

You can also consider a claim for spousal maintenance if your income is less than your husbands. There is no set rule for spousal maintenance but this is usually around a third.

You need to consider referring to family mediation. This is a prerequisite before you can apply to court. Google family mediation in your area and give them a call to self refer.

Mediation will try and help you both through full disclosure of both your financial positions and discussions about division. If agreement can be reached at mediation then a consent order should be submitted to the court when applying for decree absolsute in divorce proceedings to finalise matters.

If agreement cannot be reached at mediation then the mediator will sign the form that you need to apply to court.

If divorce is not yet contemplated then you could consider a separation agreement. Mediation could again help you agree the terms for this. You need to be aware that such separation agreements are not legally binding on a future family court Judge but they can and do order in line with what was agreed if they considered that full disclosure had taken place and what was agreed was fair.

If your husband wont agree to keep supporting you then you need to issue divorce proceedings and ask the court for interim maintenance so that the court can order that these costs are met until the matrimonial finances are resolved.

Let me know if I can assist you further

kind regards

Caroline

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Customer: replied 1 month ago.
The only part you haven't covered id that I am from Ukraine he is British and I have spouse visa
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Thank you for your response.

From a family law prospective - as you are resident in this jurisdiction then it is appropriate that if you were to issue for divorce and for the matrimonial finances to be dealt with here.

kindest regards

Caroline