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Family law. My husband has moved out. We have separated and

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Family law. My husband has moved out. We have separated and i live with my 18 year old son. I am paying all the house bills and half of the mortgage. My husband earns 8 times whaat i earn and i want to know what i am entitled to please
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: Nothing legally. Or in court
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does he live in?
Customer: Norfolk. We have not attended court. I just want to know if a legal document can be set up to say he will pay an amount each month to me.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Can a legal agreement be put in place prior to any divorce proceedings?

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

As you are separated and not divorced, you can ask for a separation agreement to be signed which would give you protection and if you did divorce you could refer the court to the terms when an a financial is applied for. A separation agreement template can be downloaded and tailored at http://www.lawdepot.com

Your contributions to the household bills and the mortgage payments would be taken in to account. You have an 18 year old son - the court would allow you to stay in the home until he reaches 18 but as he is already 18, there is a chance your husband might ask for a sale of the former matrimonial home if he is awarded a share.

In terms of what you are entitled to, there are numerous factors the court considers such as your husband's earnings compared to yours and availability of assets. 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), salaries, 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% of assets (including the home) but if there is a disparity in earnings, you can ask for more than 50% of the former matrimonial home and you can claim a share of the pension too.

It would be worth speaking with him to see if he would agree to any split. If not then you would need to issue financial remedy proceedings once you have either applied for a judicial separation or a divorce, so you ask the court to become involved in a financial settlement. To do this 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 low income or having low savings, you may be able to ask the court for a fee remission – you can check your eligibility 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. 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 following site has details of how to apply: https://www.gov.uk/legal-separation

To apply for a divorce: https://www.gov.uk/divorce/file-for-divorce

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on 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.

Kind regards,

Jim

Jim1079 and 2 other Law Specialists are ready to help you
Customer: replied 1 month ago.
We are not planning on divorce yet. My husband earns around £95k and i earn £25k. We both have military pensions
He has agreed that i can stay in the house forever if i wish... and will pay half of the mortgage indefinitely - no plans to sell. but i want this in writing so that i feel secure.
Do i write the separation agreement myself and ask him to look at it? Or would it be better to get a local solicitor to write it?To be blunt, this is what i want! And i would like to know what my chances are. Our son will be going off to uni... in a year..Agree That he pays half the mortgage until
Such time as its paid off.
a payment of £800 per month
Name taken off the deeds.He is a complulsive gambler and has lost around £150k during our 20 year marriage.He is a senior civil servant... but i do not want his pension- i just want to know the house is mine and that i can afford the bills.Do you think i have a leg to stand on here?!
i really want an aggreement set up asap just unsure if i need to go to a solicitor to write it.Many thanks