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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Starting procedings advice

4 replies

Milly1970 · 11/03/2024 12:54

I am new here and it seems much more fortunate than most, it is heartbreaking to read about your situations.
Some advice would be great. My husband and I have agreed to end our marriage and I am living amicably in the house. We don't have children.
I have agreed to do all I can to ensure he can stay in the house as it was his before I met him, of course I also need to look after myself and ensure I can afford to buy a new property.
I have a good job but my husband is currently looking for work and I agreed to hold off proceedings until he starts a new job. However, this is taking longer than I would like (is he really trying?!) it could take months and I don't want to wait years before we are divorced.
I am not on the mortgage / deeds but been married for 8 years and I have contributed financially during this time. He has quite a bit of savings (spending it by not being in work!) but I don't have that much.
What are my rights? Am I able to obtain half the equity (50% of property) and 50% of savings?
I was thinking of starting proceedings now with a view to placing a charge on the property, with an end date where he has to buy me out or sell the property. Also obtaining 50% of his savings for a deposit.
This is not ideal as money will be tight with a mortgage higher than I would like, until he pays me but I think worth it to get out of the marriage.
Has anyone else been in this situation?
Any ideas welcome!
Many thanks
Milly

OP posts:
Anita848 · 11/03/2024 21:52

See if maybe this can help you out - https://iamlip.com/help-guides/the-court-process-of-dividing-your-marital-assets-finances-and-pensions/ also if you haven't got them, maybe look into the matrimonial home rights section if your husband is the only one who owns the home, although I'm not sure if it'll affect whether you will get half of the equity.
It's the 15th box at the link above but I'll put it here too - https://iamlip.com/you-and-your-matrimonial-home-rights/

How the split is decided will also depend on circumstances e.g. if you are able to support yourself, your ages, how long the marriage was - you can see some of the factors here in the matrimonial causes act part - https://iamlip.com/family-finances-of-relationship-legislation/ so see if any apply to you too.

Hope that could help a little in your process, even if your situation isn't as heartbreaking as others, just going through the process is still difficult so remember to take care of yourself xx

Dividing Marital Assets, Finances, And Pensions

Dividing Marital Assets, Finances, And Pensions - I AM L.I.P

https://iamlip.com/help-guides/the-court-process-of-dividing-your-marital-assets-finances-and-pensions

Milly1970 · 12/03/2024 13:29

Hello Anita,
thank you very much. The information provided was excellent. Definitely some interesting reading and help.
We all need to be reminded to take care of ourselves. You too

OP posts:
Peekaboobo · 12/03/2024 13:31

What offer have you made him so far?

Milly1970 · 12/03/2024 17:04

Nothing! He asked me ages ago what I wanted and I said I couldn't tell him. I wasn't going to give him a figure off the top of my head. I could have stitched myself up!
We agreed to go through the paperwork together but in hindsight I don't think that is a good idea, however amicable we currently are.
I am going to tell him I am seeking advice from a Solicitor and take it from there.

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