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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 need advice re advice on the finances of our separation.

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I need advice re advice on the finances of our separation. If we separate, as well as the house, do we also need to look at pensions etc. I can give my husband £300k. He is due to inherit 200k when he sells his sisters house. He wants a 2 bedroom flat and there are nice 2 bed places near here, but he wants at least 440k. I would have to give him my pension to buy him out. Tis is the family home and will continue to be the home of our 14 and 16 year olds. He says they can stay with him, but he is not very optimistic that our son will. I am freelance as I wanted to reduce my hours to be more available for the kids. I earnt good money until 2 years ago when I lost a long contract, my sister in law died and then my Mother, within a month. Since then I have had less time and therefore less money. I have to go and see my 92 year old father regularly. The separation is my request. Think that is enough now?

Hi, thank you for your question. Please could you confirm:

-How old are you both?
-How long have you been married?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the value of the former matrimonial home, and what is the outstanding mortgage?

Customer: replied 1 year ago.
hiI am 55 and he is 53. We got married 8 years ago, together 21.
I do not l know what my husbands pension is worth, but he has paid into it for about 14 years and it is local authority, so it will be generous.
I have 75k savings which I would expect to use.
He has several bikes that are probably worth 10 - 15 k.
He has ISAs worth about 10k?
My income this year is very low, maybe 10k??
His is over 2k a month take home but I do not know the gross amount.
I paid off the mortgage 10 years ago. He contributed to the mortgage for 5 hears, that is all.
Customer: replied 1 year ago.
PS the mortgage was in my name and he did not want it to be in joint names. I bought a flat and then we moved to this house.

Thank you for confirming. Firstly, the inheritance he will be receiving is not an automatic matrimonial asset. The court will initially look at the other assets when deciding how to make a division and will first attempt to meet the needs of the children until they finish education (not university), and then consider both your needs. The split of assets will first be considered to meet both your housing needs to ensure that you are both, as well as the children, are appropriately accommodated. Furthermore, given the long marriage and your ages, the court will want to ensure that you will both be able to meet your needs upon retirement and therefore there needs to be consideration of how pensions are dealt with - one option is to share pensions depending on their value.

Also, if you are unable to meet your reasonable needs you are entitled to seek spousal maintenance for him which the court will assess.
Initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is 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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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