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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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Myself and my husband of two years have been separated a

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Hello, myself and my husband of two years have been separated a month, I have 4 children that are not his and he is threatening to go for half of what I own. This includes my horses, my horsebox, my car, and my 4x4 plus the house. He doesn't own any of it and I find everything myself. I have also got some money that was left to me by my late grandmother. He says that if we get back together everything willl be fine and he won't go for anything but I feel that that is blackmail and I'm being railroaded. He was quite happy not to have worked for the majority of the last 2 years once I had money. I need to know if possible if we get divorced can he claim anything? Many thanks, nikkie

Hi, thank you for your question. Just a bit more information required to fully assist you:
-How old are you both?
-Did you cohabit prior to the marriage, if so how long?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes and earning capacities?

Customer: replied 1 year ago.
He's 56 I'm 42. We lived together for about 9 months before we married.we don't have any children together. I don't know what money he has but I have around£20,000 plus my house that is in my sole name I am studying for my psychology degree so I'm not working at the moment and he works for an agency and I don't know what he earns.

Thanks for confirming. Firstly, the marriage will be considered a short marriage and therefore the likelihood of an overarching claim by him towards your assets and finances is highly unlikely. If you had acquired assets prior to the marriage and this was not used for matrimonial purposes you would have good grounds to exclude them as he would only be able to claim towards matrimonial assets. In relation to the inheritance you received, this is not an automatic matrimonial asset but as it appears you have used it for matrimonial purposes he may be entitled to claim a share of it.

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. 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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