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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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My husband and I are probably going to separate. He earns

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My husband and I are probably going to separate. He earns £65K and I earn £22K. I work full time and have raised three children taking a lower paid job to have more flexibility when the children were younger. I had full responsibility for child care as my husband works away from home and on occasion has been away for several months at a time. He pays the mortgage and I pay all the bills and the extra, like my car expenses, university costs, school trips, bus fares, uniforms, mobiles and any additional unbudgeted costs for the children etc. We share food costs. My youngest child is 15. The other two live at home but are earning. We have a home worth in the region of £180-£200K dependant on the market and we owe just over £40K which will be paid in the main in the next two years with a small amount running for six years as we had an extension 10 years ago. My husband keeps his finances close to his chest and separated our accounts about 8 years ago. We are joint names on the mortgage and up to that time it was paid from a joint account into which both salaries were paid. I want to know what I am entitled to should we split up.

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 married?
-What are the proposed arrangements for your youngest child?

-Who is now living in the home?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?

Customer: replied 1 year ago.
We are both 49. My husband is about 8 months older than me.
We have been married 26 years in September and we bought our first home in November 1989.
My son will live with me but have as much access to his dad as he wants. I do not want that to be an issue.
All five of us live at our home at the moment.
The house is in joint names and always has been. I worked in a bank initially so for several years we got cheaper rates on the mortgage as part of my perks. As a result my name is ***** ***** the mortgage
We both have pensions - mine is a County Council pension to which I contribute 6%. My husbands is a company policy to which he contributes 9%. There is a joint life assurance to cover the mortgage and we both have an individual one for £50K with Scottish Widows through Lloyds Bank.
There are no further assets.
Customer: replied 1 year ago.
I have also contributed a redundancy package of £34K in 2000.

Thank you - given that there is a long marriage and three children from the marriage, the court's starting point is a 50-50 split of all assets and a departure from this will only be made if either of you have exceptional needs. Given that your youngest child is 15, a court will likely agree that it is reasonable for him to remain living where he is until he finishes A-levels or equivalent, after which the property should be sold and equity divided between you and your husband. If your pension pots are unequal then the court will likely agree that there should be provision made to equalise them.

Also, given there is a vast disparity in your incomes, if you are unable to meet your reasonable needs you may be entitled to seek spousal maintenance from him to meet any shortfall.

For your information the criteria the court considers in these matters 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

Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much this has helped me have a starting point.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris