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What am I entitled to if I divorce my husband?

For many of our clients, especially women who have chosen to bring up a family over their career, the question, ‘what am I entitled to if I divorce my husband?’, is one that keeps them up at night. If you’re going through, or are considering starting, the divorce process, understanding how your finances may be divided is crucial, if you want to be able to start planning for the future.

In this article, we will explain how the court works out how to divide a couple’s finances upon divorce, so that you can begin to get an idea of what a fair financial settlement may look like.

 

Seek independent advice from a divorce solicitor

Before explaining how the court decides how to split a couple’s finances, it’s important to start the article by saying that it is highly advisable that you seek independent legal advice suited to your individual circumstances from a solicitor experienced in this area of law, such as Austin Kemp.

The answer to the question, ‘what am I entitled to if I divorce my husband?’, really depends on your circumstances.

There is no ‘one size fits all’ answer to the question, ‘what am I entitled to if I divorce my husband?’.

 

What am I entitled to if I divorce my husband? The starting point is a 50:50 split…

Generally, the court will equally share, between the two spouses, everything earned during the marriage.

However, this is only the starting point and the court may decide that this may not be appropriate in some circumstances, such as if one party made an overwhelming contribution.

What am I entitled to if I divorce my husband

 

The needs of both parties

When making its decision about the division of a couples’ assets, the court will take into account the needs of both parties.

The needs of any children will always be of the utmost importance.

The court will always try to ensure that the needs of both parties and the children are met. What the court will order will largely depend on your and your family’s circumstances.

 

Court should usually be viewed as a last resort

If possible, a divorcing couple should try to reach an agreement about how their finances should be split, before involving the courts. This is because asking a court to decide how to divide finances upon divorce can be a lengthy and costly process. However, this will not always be possible (or advisable) and it’s important to have a solicitor who will work with you to achieve a fair financial settlement, at the same time as preparing to go to court, if necessary.

 

What am I entitled to if I divorce my husband? It largely depends on your circumstances

So, what am I entitled to if I divorce my husband? There is no simple answer, as it depends on a wide range of factors, including what assets you have, how much you both earn (and potential future earnings) and how long you have been married.

Book an appointment to speak to a solicitor to find out what you may be entitled to if you divorce your husband.

 

Other articles that may be of interest to you?

How long does a divorce take?

What is the divorce process?

When is decree absolute granted in a divorce?

Decree Nisi – What does this mean in a divorce?

What are the first steps to divorce?

Is a cheap divorce really possible?

 

How can our expert divorce solicitors help you with your divorce

Our expert family law solicitors can help you with a range of legal issues relating to divorce, including:

 

Contact our expert divorce solicitors for advice on your divorce

For more information call our divorce solicitors on 0845 862 5001 or email mail@austinkemp.co.uk.

Our expert family law solicitors offer a nationwide service. We have client meeting office facilities available, in order to have face-to-face client meetings / conferences as and when required in:

Leeds Office: St Andrew House, The Headrow, Leeds, LS1 5JW

Wakefield Office: Market Walk, Wakefield, WF1 1QR

Halifax Office: Old Lane, Halifax, HX3 5WP

Huddersfield Office: Northumberland Street Huddersfield, HD1 1RL

Coventry Office: Warwick Road, Coventry, CV1 2DY

Canary Wharf Office: 25 Canada Square, Canary Wharf, London, E14 5LB

Please contact us for more details.

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27th March 2020

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