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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1385
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am looking to get a divorce from my husband. We have been

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i am looking to get a divorce from my husband. We have been together 14 years and married 5years. we do not have any children but i have 3 from another relationship.
We had been living together for 7 years in the council property that i had previously. He had a 2 bed flat and whilst we were together bought 2 more for rental purposes and as a holiday home with his working partner, both are not in my name.
He would not invest together with myself to buy a family home and therefore i am still in the council property.
i paid all the bills even though he earned 3 times as much as me and gave me £100 per week towards them.
i am worried that if i divorce him i will lose my council property and make my family homeless, especially if they knew that he has property.
can you please advise me on how i should handle this situation.
Thank you for your question.
You will not lose your council tenancy if you receive a financial settlement as part of divorce.
When your husband moved in your entitlement to housing benefit should have reassessed / declared. Assuming this was done so that you weren't receiving any extra housing benefit then you were entitled too.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs etc.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is important that no division takes place until a court order is obtained. If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim.
You need to have obtained decree nisi (in divorce proceedings) before a court can make an order or approve a consent order.
Either or you are able to make a financial claim if the future if you do not resolve the issues.
Kind regards
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