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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?-Do you have any children together, if so their ages and proposed arrangements?-What is the value of the property, and what is the outstanding mortgage?-Who is now living in the property?-Whose name is ***** ***** in?-What aee the values of all other assets and pensions you both have (both sole and joint), together with values?-What are your respective incomes?
Thanks for confirming. As you are married it is not as straightforward as him being compensated for his deposit and as you are going through a divorce, financially matters are complicated to settle and there needs to be distinction as to what is matrimonial and non-matrimonial assets. You are both entitled to seek financial relief from each other and in relation to assets this is regarding matrimonial asset. Given the medium length of the marriage and two children it may be difficult for him to attempt to restrict pre-marital assets especially if you cannot meet the children's needs. You would also legally be able to apply for child maintenance, which would be about £47 per week for both children based on his gross salary of £1800pm and the time they stay overnight with him.
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