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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 want to know what I should do as my husband has been unfaithful

Customer Question

I want to know what I should do as my husband has been unfaithful for a long time and I have only just found out and I don't want my marriage to continue and I don't know where I shouls start
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Do you have any children together, if so their ages-if you own or rent your property-your respective financial positions-What assets you both have, both joint and sole-How long you have been married
Customer: replied 1 year ago.
We have three children - ages 19, 21, 26 - Two youngest living at home but workingWe own two properties - the family home and a buy to let rentalWe jointly have the following mortgages £200, 000 on family home (family home worth about £400,000) - £110,000 buy to let mortgage (currently worth about £300,000) - both to run for about 10 years - Currently income from rental £1400 per calendar monthWe both work - Husband is a self employed sole trader (office refurbishment) and I am a part time teacherWe have been married 24 years
Expert:  Harris replied 1 year ago.
Thank you for confirming. Given the long marriage, and three children the court is likely to focus mainly on the needs of both you and your husband when deciding how to divide the assets between you. The first thing you will need to do before pursuing the financial matter is to proceed with a divorce. Once the divorce petition has been issued you need to attempt to reach a financial settlement either through negotiations or mediation (you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions). If mediation does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair.The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. The criteria considered 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.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you