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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I found out my husband was having an affaire in Oct he let

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I found out my husband was having an affaire in Oct he let or rented house that day I was 6 weeks off having our first baby. I am now on benefits as on maternity leave. We have a car it's in his name thou but it was our family car which I used for my job as a mobile hairdresser am I entitled to any of it he also has money from a big bonus and a trust fund.
Where as I have been left with nothing at all.

My name is Mac. I can help you with your question. First I need a bit more information:

• when did you marry?
• if earlier than the above, when did you start living together?
• has either of you started divorce proceedings?
• if so, are there also financial proceedings?
• how many children do you have together (and how old are they?)
• what is the value of the house (and any mortgage)?
• what is the total value of the other assets you and he hold (a total value rather than individual values is fine)?
• what is his income (after tax)?
• what is your income (after tax)?
• do either of you have any pensions?

Sorry to ask for so much information, but I want to give you a full answer.
Customer: replied 4 years ago.
Married 09/09/06.
Living together since 2003.
No divorce proceedings yet .
1 child 13 weeks old
Car £10,000.
House hold furniture etc £4,000.
His income after tax £2034.
My income £136.78 per week maternity allowance .
Yes he has a pension.

Thanks. You also mentioned a "big bonus" and a "trust fund"? Do you know anything about the size of either of those?
Customer: replied 4 years ago.
The bonus was about £32k after tax which was paid in September 2013.
The car was brought with this after trading in car we had.
The trust fund not sure of figures but is meant to be worth at least £150.000.
In relation to the trust fund:

- where is it from?
- are there any other beneficiaries?
- has he ever had any money out of it?

And on a different point, can I just check: are you saying that when you were on maternity leave, he got rid of the rented family home? Where are you living now?

Customer: replied 4 years ago.
It was set up in 1989 by this grandfather and the money has come from the sale of land that the business was on. Yes the trust fund is worth about 3.5 million maybe more and is between his mum, aunt, uncle and his two sisters and 3 cousins. As far as I know he hasn't had any thing from it as it's intention is for mortgage or towards a house.
I am still in the rented home on housing benefit and he has said he wants the deposit back for it so once I move he will get that.

Obviously he has to pay child maintenance, which is approximately 15% of his net income.

On top of that you and your child have a potential financial claim. He is likely to have to pay you maintenance on top of the child maintenance, but this would depend on your reasonable needs, and whether you had any earning capacity (taking into account that you may not be able to work fulltime now).

He is very unlikely to get the rental deposit back, so I would keep that yourself, for you and the child, if you have that opportunity.

The starting point needs to be him putting a proposal to you for how he is going to contribute to looking after your child and you. You should ask him in writing to do that. If he refuses, you should suggest mediation. If he refuses that as well, you will need to apply to the court.


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