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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1441
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife and I (10 years marriage) two children 5 and 3 years have not been getting

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My wife and I (10 years marriage) two children 5 and 3 years have not been getting on for the last 2 years. I lost my job in January and have had sign of a new job. I was the main income provider, she runs yoga classes. She told me that there is nothing between us and it was only my money that kept her. Life is just unbearable, She is just nasty and wants me to leave. I do not want to live like this. If I leave in the short term while we get separated do I lose any rights on our joint house?
Welcome to Just Answer
Thank you for your question.
In short - if you left the matrimonial home then you would not be giving up your rights to make a claim in respect of the matrimonial finances. You have a right to occupy the matrimonial home. If you are named in the deeds then you have a legal right to occupy. If you are not on the deeds then you should register a Matrimonial Homes Rights Notice with Land Registry on Form MH1. Registration is free.
On a long term basis:
In relation to the matrimonial finances - 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 wife need to exchange full details of all assets 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, future care of children etc.
The court would also consider the future housing needs of any children.
You should consider making a referral to a specialist 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 very important that no division of any assets 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. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. The court will not approve or make an order unless decree nisi has been obtained in divorce proceedings.
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