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Ask Harris Your Own Question
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been seperatted from my wife years we were married

Customer Question

I have been seperatted from my wife for 3 years we were married for 25 years we have two children who are 31 and 29 years old she never worked I own a home which I bought myself 10 years ago my wife did not contribute to any bills what is my wife entitled to please
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information to fully assist you:-Are you in England or Wales?-What other assets do you both have?-What is your income position?-Is she still living in the property?-Have you pursued a divorce?
Customer: replied 1 year ago.
I am English I do not have any other assests she does not live in the property the property is in my name only I am employed full time and earn 42000 per year she is pursuing a divorce
Expert:  Harris replied 1 year ago.
How much is the home worth and how much mortgage outstanding? Do you have a pension? Does she have any assets or pensions?
Customer: replied 1 year ago.
no she has no assets she is on benefits the house is worth approx. 185000 and the mortgage is 141000 I have a work pension I am assuming she hasn't got a pension
Customer: replied 1 year ago.
will I have to give her a percentage of my salary, as you can see my children are older so she hasn't done any child rearing in that property
Expert:  Harris replied 1 year ago.
Thank you for confirming. Given the long marriage, a court will highly likely want for there to be equality between you and for her needs to be met. The court is also unlikely to take into account contributions due to the length of the marriage being very long and will focus mainly on both of your needs.She will be able to apply for a share of the home, your pension and potentially spousal maintenance if she cannot meet her reasonable needs from her benefits income.The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered is:1. 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;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. 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;7. 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;8. 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.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.