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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18338
Experience:  I have been practising for 30 years.
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Help on my entitlement would be as my husband wants to leave

Customer Question

Help on my entitlement would be as my husband wants to leave me
JA: Where are you? It matters because laws vary by location.
Customer: Maidstone Kent
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My husband isn't telling me any details on his money. We have 2 properties and he want to move me into the small 2 bed rental and leave our 2 boys 17 & 20yr old and leave the family home
Submitted: 13 days ago.
Category: Law
Expert:  F E Smith replied 13 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

do you mean entitlement as to the split of assets in divorce?

for background - how long have you been together and married in total?

and would you like to have spousal maintainance if possible?

Customer: replied 13 days ago.
split of assets and we've been married 24yrs and together 30yrs. No I want a final split
Expert:  F E Smith replied 13 days ago.

The starting point for the division of marital finances is 50-50 and it is then adjusted up or down, one way or the other, in favour of one partner or the other depending on what the individuals put in at outset, the length of marriage and the time together before marriage, the needs of the individuals after the divorce, what savings, assets, pensions et cetera there are and also the ability of each person to work after the breakup.

The time which a couple are together before they get married will be taken into account because it would be grossly unfair if someone had been together for 30 years and then split up after being married for 12 months to have the finances treated in the same way as a couple who had got married not long after they met and were then divorcing after just 12 months.

It’s largely a mathematical thing but does look at needs after divorce.

Even if everything is being divided down the middle, it’s not really a case of dividing it down the middle, all the assets wouldn’t be split 50-50 but the bulk would be 50-50 and therefore one person may keep the house and the other for example could have the savings and the pensions.

You are only obliged to provide home for the children until aged 18 so they are to the greater extent out of the equation.

As part of the divorce process, to draw a line under the finances you will need a financial order.The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.

Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.

And here are the notes from the government on how to apply for a financial order:

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed. Otherwise it’s a potentially expensive argument.

As part of the application you are both going to need to fill in Form E which gives details of all the finances and you have to confirm that almost. Lying on the form is a serious criminal offence.

If you want fill in the form, the court will order it.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES