How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
Type Your Family Law Question Here...
Harris is online now

I'm thinking of leaving my husband, due to his infidelity, I

This answer was rated:

I'm thinking of leaving my husband, due to his infidelity, I have two children 7 and 10 and am financially dependent on him, where do I stand financially?

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 the children?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
I'm 47 and he's 54, we've been together for 14 years and married for 3. I would have the children and ideally would move back to be near my family - they live 100 miles away. I own a house which has a mortgage of approx £170,000 but is valued at £400,000 (which was mine before we got together), the marital home is in his name and has a mortgage of approx £175,000 but is worth approx £500,000. I have a pension pot of approx £200,000 and he has a pension pot of approx £1.4m. My salary is £7,500 a year, his salary is £165,000 a year plus bonus of approx £50,000. We also have a rainy day fund of approx £75,000 which are invested in shares and isa's.

Thank you for confirming. As part of a divorce you will need to reach a financial settlement especially given the amount of assets and their values involved. 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. Your marriage is considered short, but if you had cohabited for the 11 years prior to marriage this would increase the "length" for court purposes and the fact you have children together will likely increase your needs if they remain in your care. 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

Harris and other Family Law Specialists are ready to help you