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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 6434
Experience:  Senior Associate Solicitor
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Just wanted to find out if is with pursuing a case or just

This answer was rated:

Just wanted to find out if is with pursuing a case or just accept 50 50 without any fight
I earn less by 14-15000 and have a child of 11 who wants to spend 50 percent of her time with her father although he does shifts so she will need to be at my home as his shifts will not be giving her an adult at night with her
have had a 34 year marriage. Also took 6 years out to bring up kids
Now he wants to go 50!50I just invested my life savings into an extension only to find out he had been to a prostitute
We took marriage counseling two years ago as he was not helping in the house with chores and cooking teaching guiding kids
After which I thought we were doing ok
But I found a condom
He owned up to using a prostitute. Previously we sold our house and it brought 60000 in equity and we agreed to divide it and he bought a car 7 years ago and I saved mine and together with all my life savings had just finished building an extension to our home
When I found out about the prostitute I decided I will divorce him. What can I get he wants to go 50 50 I am an admin assistant should I bother going to court is it worth my while. He has worked in Transport for London for 30 years. I have always worked apart from 7 years of bringing up my kids. I however have had three redundancies and temporary or contract positions. Presently no have been in my job 3years
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Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Yes I filed
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Middlesex
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You should go for more than 50/50 of the assets and also claim spousal maintenance from him (which supports you financially each month - he earns more than you). And you paid money for the home extension so you want that to be recognised too.

The marriage is not classed as a short one as it is more than 5 years, so a split of assets is likely as opposed to a clean break. There are two orders available: a clean break order (if there are no assets to split) and a consent order.

You can sell the property and that would give you each a fresh start. You can either apply for a judicial separation (and then a financial order), or a divorce (if you want to dissolve the marriage) and again, apply for a financial order.

If you disagree and cannot come to an agreement, you can ask the local family court to assess a split of the finances and also to deal with the property.

Assuming your husband eventually agrees to a settlement then you can have a consent order drawn up to bind the parties to the agreed terms.

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 husband), 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 without having to involve the court.

If nothing can be agreed then you would need to issue financial remedy proceedings once decree nisi comes through (if you start divorce proceedings), or obtain a decree of judicial separation, so you ask the court to become involved in a financial settlement as well as the divorce.

Before you involve the court with the finances you need to contact a local mediator which is compulsory before you ask the court to intervene in the financial aspect. You can find a local mediator here :

https://www.familymediationcouncil.org.uk/find-local-mediator

Assuming mediation fails or your husband doesn't agree to mediation then you will need to issue financial remedy proceedings and you would need to complete and send two completed copies of Form A (one copy is attached) to your local family court and pay a fee of £255 payable to HMCTS. If you are on a low income or have low savings you can ask the court for help with the fee here https://www.gov.uk/get-help-with-court-fees

The court will then list a first appointment and give directions for a financial dispute resolution hearing (FDR) where the judge will give their opinion on a likely settlement - which usually prompts a settlement at this stage. The court will ensure the parties make full and frank disclosure of their assets and liabilities to ensure the financial positions of you both are known and to allow the court to make a settlement decision. If the case does not settle, further directions will be given and a final hearing may take place if neither of you can agree to settlement terms.

To apply for a judicial separation, the site is here: https://www.gov.uk/legal-separation

To apply for a divorce, the site is here: https://www.gov.uk/divorce

And for information on a financial order: https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Finally, if you need money before the divorce finalises you can apply for “maintenance pending suit”, which means you ask the court for an order that your ex pays you support to help with bills and so on before the case finishes. You will need an application form under Part 18 of the Family Procedure Rules 2010 and the fee is £155. You would need to attend a hearing for this.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 6 days ago.
Thanks so much I look forward to speaking to you again
Customer: replied 6 days ago.
My husband is at home and therefore no can't talk at the moment but how much extrabos it to talk to you and can I ask additional questions tomorrow over the phone will it be ok?

Hi there, I can't take a call I am afraid but if you have follow up questions then I am more than happy to help.

In the meantime if you could please leave a rating and click “submit” I would be very grateful.

Many thanks,

Jim

JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 8 hours ago.
Please can you call me