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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11196
Experience:  Senior Associate Solicitor
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I'm an unemployed mother of two kids, my Husband is the

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I'm an unemployed mother of two young kids, my Husband is the named and only owner of our morgaged house although I have registered my interest in our house with the Lands registry, I wanted to know what would be the financial outcome for me in the event of a divorce
Assistant: What steps have been taken? Have any papers been filed in family court?
Customer: No, nothing has been legally done yet
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: Oxfordshire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Being an unemployed young mother and not being named on our mortgage house I am worried as to what will happen to my finances in the event of a divorce, my youngest baby is 10 months old

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

You have a right to stay in the house (firstly). The court gives priority to children under 18 so you can stay in the home until your youngest reaches the age of 18.

Customer: replied 1 year ago.
Would my children and myself be entitled to financial maintenance from my Husband in the event of a divorce considering my individual case?

Yes, you can claim spousal maintenance which supports yourself, and you can also claim child maintenance too.

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 (if you work) 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.

The starting point is 50% for assets but if there is a disparity in earnings or you have paid more in the way of mortgage/rent, etc, you can ask for more than 50% of the former matrimonial home. It would be worth speaking with him to see if he would agree to any split.

If not then you would need to tick the box for a financial order when you come to issue the divorce petition.

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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