You may be eligible for Legal Aid
www.gov.uk/legal-aid/domestic-abuse-or-violence
Domestic abuse
www.gov.uk/legal-aid/domestic-abuse-or-violence
Call free 0808 2000 247 National Domestic Abuse Helpline
Chat live www.nationaldahelpline.org.uk/en/Chat-to-us-online
The Survivor’s Handbook provides practical support and information for women experiencing domestic abuse, with simple guidance on every aspect of seeking support. Lots of links to support on the same page too.
www.womensaid.org.uk/information-support/the-survivors-handbook/
Carry a fully charged mobile with you.
Call 999 if you are in danger or in an emergency. Teach children to do this.
In an emergency situation and need police help, but can't speak?
If you’re in an emergency situation and need police help, but can’t speak, Make Yourself Heard and let the 999 operator know your call is genuine.
www.policeconduct.gov.uk/sites/default/files/Documents/research-learning/Silent_solution_guide.pdf
Divorce and Financial Settlement
To know what a fair split of assets is and to reach a financial settlement divorcing parties need to know what the assets of the marriage are, and what each asset is worth. The former marital home would be listed in full and frank disclosure.
What does full and frank disclosure look like?
Look at a Form E. A long document in which each party sets out their assets, income, and financial needs. You can see in it the assets that are taken into consideration upon divorce and financial settlement, for example property (the former marital home), pensions, stocks and shares etc. It also lists the documents needed that show the value of assets for example CETVs (cash equivalent transfer values of pensions - which can be requested from pension providers). The former marital home would be listed on your husband's Form E as an asset and taken into consideration in the Courts decision on splitting assets.
To find out what some assets are worth an independent expert can be used. Property can be valued by an expert - estate agents, pensions by CETV and / or a pension on divorce expert (PODE) report and so on.
It is important to decide what needs a valuation by an independent expert and factor in the costs of these. Pensions can be very valuable – equivalent or more than the value of the former martial home in some cases. Divorcing parties might hold different types of pensions (not like-for-like, so difficult to compare without an expert). Circumstances might be complex for example an age difference or pensions in payment. One party may have stayed at home to look after children.
How the assets are split - who gets what
When deciding how to distribute a couple’s assets and income the court has to apply a checklist of factors set by statute. The relevant statute is section 25 of the Matrimonial Causes Act 1973. These factors will need to be applied in every case, regardless of whether you are engaged in court proceedings or negotiating your own settlement. These are often called the Section 25 factors, which the court will take into account when deciding how to distribute assets upon divorce or dissolution.
www.legislation.gov.uk/ukpga/1973/18/section/25 applies
images.ctfassets.net/o8luwa28k6k2/2cpp2mEMwBJWJLuzTiTruB/b5397e7459154fad8927826a2c99acdd/section-25-expert-guide.pdf
The income, earning capacity, property, and other financial resource which each of the parties to the marriage has or is likely to have in the foreseeable future is taken into account. As I understand it, first consideration is given to the welfare (while a minor) of any child of the family who has not yet attained the age of eighteen.
The needs of each divorcing party are taken into account and as I understand it 50 / 50 is the starting point – so unequal shares based on circumstances and needs is possible, for example 60 / 40.
Not getting full and frank disclosure?
Full and frank financial disclosure is required and usually provided when Form E is exchanged.
If after Form E there is missing information / evidence Questionnaires may be exchanged to retrieve it. (A list of questions for the other party to answer and requests fordocumentary evidence of the value of assets / other financial information)
If still missing after that Deficiencies are exchanged. (A follow-up list of questions for the other party to answer with requests for documentary evidence of the value of assets / other financial information)
A solicitor’s letter can be sent to retrieve financial information / evidence.
A Court Order can also be applied for to gain financial information / evidence / valuations that is missing / essential.
Advice and Information
These offer a free advice session about pensions on divorce and separation www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/divorce-or-dissolution-how-we-can-help-with-your-pension
Free advice line (busy so keep trying) rightsofwomen.org.uk
Guides on divorce and financial settlement
www.advicenow.org.uk/guides/how-apply-financial-order-without-help-lawyer
Pensions on divorce
www.sharingpensions.co.uk/penaudit3.htm
www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/
www.nuffieldfoundation.org/news/new-good-practice-guide-addresses-shortfall-in-understanding-of-how-to-treat-pensions-on-divorce
Valuation of pensions – pensions on divorce expert report
www.collinspensionactuaries.co.uk no relation – useful website
www.collinspensionactuaries.co.uk/pension-data-collection/ templates for information required
Legal advice
This link gives you an indication of hourly rate for solicitors (may be eligible for legal aid)
www.gov.uk/guidance/solicitors-guideline-hourly-rates
Some organisations offer free advice from solicitors and barristers rightsofwomen.org.uk/get-advice/ On their FAQs page…”Our Legal Officers and Volunteer legal advisors are all solicitors and barristers”.
Some family solicitors offer an in initial free consultation and some a fixed fee rather than hourly.
Some barristers can be directly instructed e.g., via Clerksroom Direct
Mumsnet suggest www.advicenow.org.uk/tags/separation-divorce-and-dissolution-civil-partnerships