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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6368
Experience:  LLB (Hons)
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I wanted to know what I would be expected to receive in a

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Hi I wanted to know what I would be expected to receive in a divorce settlement, I have a 30 year marriage but 10 years of separation ( 20 married 10 separated) children 23 & 19 in full time education
JA: What are the assets involved here? Are there any minor children?
Customer: no we have one house my husband is in the police force
JA: Were any marital funds used for the mortgage or property improvements?
Customer: my husband has paid the mortgage continually I have paid all the bills & maintenance
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I think that’s it

Hello, how are you today? 



My name is Lea. It would be nice if you could let me know your name, so that I know who I am talking to. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.


The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 4 days ago.
I confirm, my name is Vicky
Customer: replied 4 days ago.
I just wanted a rough reply online thanks

Please bear with me

Customer: replied 4 days ago.
Of course no problem

Sorry about that, I am back.

Hello Vicky

Have you and your spouse managed to agree any settlement at all?

Customer: replied 4 days ago.
He said he’s sending me an offer which I think will be 50 percent of the house.

The starting point for the sharing of assets in a marriage is 50/50 of all assets accrued during the marriage. The court would typically look at the needs of each party, the needs of any minor children of the marriage, and the factors as listed in s25 of the Matrimonial Causes Act 1973, which I will link to below.

If your name is ***** ***** the house deeds, the first thing you should do is to register your home rights. See here for the form and guidance: https://www.gov.uk/stay-in-home-during-separation-or-divorce

It is important to note that the finances will only be reviewed by the court after the decree nisi (now called ‘conditional order’) has been granted, and will only take effect after the decree absolute (now called ‘final order’).

You will need to attend mediation (see link below on where to find a mediator) before you can make the application to court in any case, and can therefore agree everything ahead of the time to make the application to court.

If you can agree, you can get a consent order drawn up, and the court will then seal that as a consent order (i.e. an agreement between you). Sealing the order makes it enforceable. If you cannot get agreement for a consent order, one of you will need to apply to court on Form A, and the court will list the matter for a hearing to see if a Judge can help you agree. If you still cannot agree, the matter will be set down for a new Judge to decide how to split the assets.

You will both also need to complete full financial disclosure, so each of you, and ultimately the judge, can see what assets there are and what is available to share. This includes everything from savings, property to pensions etc.  It is always wise to see the full disclosure before agreeing any settlement.

Until you each have full disclosure it is impossible to say what the potential outcome will be, but as stated above, the starting point for a long marriage is 50/50. There is no magic formula to use, just the law as described and the judge’s absolute discretion on the final decision based on that law.

Find a mediator: www.familymediationcouncil.org.uk

Section 25: https://www.legislation.gov.uk/ukpga/1973/18/section/25/1997-06-19?timeline=true

Form A: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Form E: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953463/form-e-eng.pdf

Find a solicitor: solicitors.lawsociety.org.uk

SASH_Law and other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
Thankyou

You're very welcome.

Is there anything I can clarify?

Customer: replied 4 days ago.
Well I’m wondering whether solicitors advice people to be fair, I do want a fair outcome but I think my husband will not want to be entirely fair, I am not a person to court confrontation & I want a quiet life, but is it normal that his solicitor will advice him to be fair to me in the proceedings?

A solicitor will provide their client with direct advice and guidance based on the financial disclosure as to what would be a fair settlement.  As I indicated above, the decision is the judge's, based on the law and his/her discretion.

But a solicitor is not there to advise their client to give their opponent a fair settlement.  Your own solicitor is there to fight for you, and theirs is there to fight for them.

Customer: replied 4 days ago.
Thankyou

You're very welcome, glad to assist.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.


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