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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 moved out from my matrimonial home with our 2 children a

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I moved out from my matrimonial home with our 2 children a year ago. My husband and I are at the moment very amicable but neither are approaching the dreaded what do we do next talk..we met 18 years ago, I moved in to the house with him 6 months after he brought it, that was 17 years ago and we married 14 years ago. I am not on the title deeds, I haven't worked since 2004 up to then I had been in full time employment but had to stop due to Ill health however I contributed to the household through various benefits I received for my health issues. Our children are 14 and 9.
my husband is a police officer due to retire in 2 years and will have a considerable pension lump sum approx 100k I have a pension due out in 8 years time lump sum approx 20k. The home is worth about 230k with approx 100k mortgage to pay. All I want to know is a basic outline of my entitlement. I don't want to take him for money I am not entitled to and me life unbearable for either of us however likewise I need to provide for my kids which are the priority. At present he pays me £450 per month for the kids, no help to Xmas, birthdays, school stuff, we have kids alternate weekends but he doesn't do anything with them in the week. I do all the club runs and everything , always have, he's never taken them to parks, my son to football or daughter swimming or anything, however, he is always there if I need him or the kids need him which is invaluable and why I want to keep things as amicable as possible for everybody. A general overview of possible entitlements would be really helpful if possible please. We have nothing formally done really seperation or anything, is there a time limit for me from when I moved out to what or when I can sort outt settlement. Thankyour for any advice you can give

As part of the divorce you will need to reach a financial settlement, 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. Given your long marriage, and care of two children I would expect you to be able yo obtain no less than an equal split of assets, and possible spousal maintenance if you are not able to meet your reasonable needs. For your information the criteria considered by the court 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.

I hope this assists you. 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 your question without a positive rating. Thank you

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