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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My husband and I are separated, there’s no house to divide

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My husband and I are separated, there’s no house to divide and we taken our own personal things, but he was the main earner, while im skint and leaving on a budget he’s out regularly, flashing the cash, he has 6 rode bikes which aren’t cheap a good job and buying expensive wines by the case, I’m I entitled to anything he earn/ has ????
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: None, we didn’t have children together
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: I’m in Pembrokeshire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Do I have any rights to his pension/wages

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

Yes, you should apply for either a judicial separation or a divorce and ask the family court for a financial order.

If you disagree and cannot come to an agreement, you can ask the family court to assess a split of the finances. Assuming your ex 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 ex), 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.

Based on what you have said (no house and no children) then you would be looking at an order for spousal maintenance (as you have ongoing financial needs) and an order in relation to the pension (to share it). The spousal maintenance can be paid to you monthly and would be assessed with reference to your financial situation and his too. You can also ask for the road bikes and wine to be appraised and any other assets he might have. Financial ties are not severed at this stage so you should definitely go ahead with this.

If you want to apply for a judicial separation, it means you remain married but you can still ask for an order in relation to the finances. The website to go to is here: https://www.gov.uk/legal-separation

For a divorce, this is the site: https://www.gov.uk/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

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