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Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been separated?-What assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Do either of you have any othdr assets at all, such as shares, savingz, investments or other properties here or abroad?
How much is the home worth and what is the outstanding mortgage?
Thank you for confirming. Firstly, as you are married and the property is the matrimonial home it will be considered a matrimonial asset and you have a right to occupy the property until divorce - you have stated that your name is ***** ***** the title of the property - if this is as a co-owner, then you have a legal interest in the property.
Furthermore, given your long marriage it will be difficult for him to attempt to ring-fence any assets acquired prior to the marriage and the court will require consideration of all assets in order to reach an equitable settlement for you both.
Initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk 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
Sorry, what is the question?
Based solely on the equity in the property, I feel that you would be entitled to more. You have also stated there are undisclosed savings and given your long marriage all this should be taken into account.
As stated above, the starting point is a 50-50 split of the matrimonial assets and given based solely on the equity in the home you should be entitled to start off negotiating at approximately £50-55,000 for a fair settlement - but you must find out what other assets there are.
Given you have been married for 11 years, your husband acquiring the home prior to marriage will not matter, especially as it has been used as the matrimonial home.
In relation to the divorce, if this is issued, it will not prevent you dealing with the financial matter alongside it and even once you are divorced the financial matter can remain on-going until a settlement is reached.
If no agreement is reached between you, your only option would be to pursue a financial relief application to court.
You cannot apply under 5 year separation as you state that the marriage broke down 3 years ago. In the circumstances you can apply under 2 year separation (but would require your husband's consent). Legally speaking the whether you rely in 2 year separation or unreasonable behaviour will not make a difference to the financial matter and it may be in your interest to attempt to have the divorce amicable whilst you focus on the financial issues. Citing reasons for unreasonable behaviour may cause acrimony between you and impact his negotiations regarding the finances.
You can submit a Form A as soon as the petition has been issued. Initially you should be attempting mediation and if mediation is not suitable the mediator will sign you off and you will be able to proceed to court regarding the finances.