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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I wish to leave my husband but I am chronically ill and will

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I wish to leave my husband but I am chronically ill and will never be able to work. Is there a way in which I could afford to leave and be sure of a home and living costs?
Hi, thank you for your question. Please confirm if you are in England or Wales?What is your husband's financial position? Does he work and does he have assets?
Customer: replied 1 year ago.
Hi, we live in England and my husband works, his net income is £90,000 pa and we jointly own a four-bedroom detached house in Southport which we think is worth about £230,000. No other assets.
Thanks for the further information. As part of the divorce proceedings there will have to be a financial settlement. The court can make an order, or you can negotiate an agreement to be approved by the court in relation to the home and spousal maintenance to support you. The court will consider the criteria below to decide what is a fair settlement. The starting point is a 50-50 split of all assets and this equal split is departed from when the court takes into account the criteria: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;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;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;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;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 (e.g. a right to your husband’s pensions).You will both have to disclose to each other your full and frank financial positions and your reasonable needs. If you are unable to meet your reasonable needs from your own income and benefits, then the court can make an order for your husband to provide any shortfall.I hope this helps, please let me know if you have any further questions. Please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating.
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