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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 4897
Experience:  Senior Associate Solicitor
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Where do I start to work out how much I am entitled to when

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Where do I start to work out how much I am entitled to when separating from my husband. We have two children one 18 just about to go to University the other 17. We will have some profit from the sale of our house but nothing else, however I will need to provide a home for our children, for when they come back from uni and whilst my daughter completes her last year of A'levels then also after that whilst she is at Uni. Would I be entitled to more that 50% or just 50% of the sale of the profit from the sale of the house?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: None
JA: Have you talked to a lawyer about this yet?
Customer: no.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today. I am just reviewing your question.

Customer: replied 26 days ago.
HI
Customer: replied 26 days ago.
No thanks to the phone call. I have just paid five pounds to join expecting an answer not another bill.

It really depends on a number of factors.

The court will consider Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your ex), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, and so on.

The starting point is 50% but if there is a disparity in earnings or you have paid more in the way of mortgage/rent, etc, you can ask for more than 50% of the former matrimonial home. It would be worth speaking with him to see if he would agree to any split.

If no agreement is forthcoming then you can apply for a judicial separation and apply for a financial order. It would mean you remain married and you wouldn't have to prove the marriage has irretrievably broken down (unlike for a divorce). You should certainly ask for more than 50% for negotiation purposes and especially if he has a good income and so on.

I hope this answers your question - if you can please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

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