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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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Can you advise what would be the likely ancillary relief

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Can you advise what would be the likely ancillary relief order and in particular, what pension sharing order a court would make under the following circumstances please ?
Age : Male 33years
Annual earnings £35,000
Assets : Family home, joint names, value £140,000
Children : Two. Ages 4 and 7.
Wife : suffers from intermittent depression; works part time.
Term of marriage : four years.

Hi, thank you for your question. Just a bit more information required:

-How old is the wife and what is her financial position and income?

-What other assets, properties, pensions, savings etc do they have, together with values and mortgages?

-What mortgage remains on the family home?

Customer: replied 1 year ago.
She is 40 years old; no assets save for joint ownership of the family home.
Income : £8,000 per year.
Joint savings £1,000
Value of outstanding mortgage : £80,000. (£60,000 equity in property)
Wife has no private pension; husband is in an employers contributory pension scheme with 10 years worth of contributions based on salary, therefore not great in amount.

Was there any period of cohabitation immediately prior to the marriage, if so how long?

Customer: replied 1 year ago.
4 years. The children are of the cohabitation/marriage.

To confirm there was 4 years cohabitation and 4 years marriage, therefore 8 years in total?

Customer: replied 1 year ago.
Approximately; it could be 10 but not much more. Sorry to be imprecise.

Thank you for confirming. If you were to divorce now and seek financial relief given your young ages and the low value of the pensions they are unlikely to be of significant division between you. The court will likely wish to focus on the other assets, especially the equity in the home. 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. 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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