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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1437
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Long story short...I am Canadian and have been living

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Long story short...I am Canadian and have been living here for 7 years. Married to a British man for 3 years and have a son together, age 2. We are now separated and I want to move back home with my son. Husband is opposing and has money to pay for legal fees to go to court over this. I don't have any money at all as i only work part time with no saving.... We own our house together. When we bought it the agreement was that the first 60K profit goes to him and the rest is split between us. So roughly £6500 for me and £69000. Is there any way that agreement can be overrid for me to pay for my legal fees, just as he's doing? otherwise I am left to represent myself against his and his sollicitor, wich I believe is not fair.


Thank you for your question.

I am a family solictor and I am able to help.

I note that you are seeking further advice in relation to a financial settlement with your husband. I note that are also seeking to return live in Canada with your son.

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 would 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. The length of the marriage and the future care of any children would also be considered.

I note that you state when the matrimonial property was purchased that an agreement was reached and your husband would take the first £60,000.00 if you were to divorce. This now in reality leaves you with only a small share. In English Law it does not matter who contributed to what when you are legally married.

If the agreement was by way of Pre Nuptual Agreement - then the English Courts would expect that you were given full disclosure and independent legal advice prior to signing the same. The courts would also want to make sure that the agreement was fair and that the future needs of yourself and your son would be met.

If the agreement was not a pre-nup but made before your marriage - the the fact that you are married would supercede this.

I note that you are already engaging with a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division.

If agreement could not 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 would be important that no division took place until a court order had been 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.

In relation to your application to remove your son from the Jurisdiction - you will need to prove to the court that he will have a good standard of life in Canada - you will have to provide the court will lots of details about where you intend to live. The Courts will also consider the contact that you the father has with your son and how this will be effected when deciding whether or no you can go.

You should not leave the country to relocate without eihter the permission of your husband or the court. Not obtaining such permission could lead to a prosecution for child abduction.

Kind Regards


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