But to get the best outcome when considering what am I entitled to if I divorce my husband or wife, it’s important to understand your rights and options. There are many questions to ask before you start divorce proceedings which are explored below.
The aim for the courts in England Wales is to divide the assets as fairly as possible, but it will depend on the individual needs for both sides on separation. Firstly, you need to understand the different types of assets.
Assets you’ve built up while being married are known as matrimonial assets or marital assets.
These typically include;
Non-matrimonial assets or non-marital assets are the financial assets built up before or after being married.
The assets listed above can be non-marital assets, if you purchased yourself, outside the time of marriage.
While these assets are usually treated differently from matrimonial assets, it doesn’t always mean they’ll be excluded from a divorce settlement. If inheritance was used during the marriage to buy an asset, this would now be seen as a matrimonial asset.
There is no steadfast rule meaning matrimonial assets will be split 50/50. The court will examine each couple’s case individually. Here are some factors considered;
Any debts built up during the marital period will be split in the financial settlement. Loans, credit cards, mortgages, overdrafts and any other commitments are included.
Before starting divorce proceedings, it’s a good idea to work out exactly what your assets are. All assets must be legally declared, including joint and sole assets. Here’s what to include;
Draft a consent order to make your divorce settlement agreement legally binding. This is essential for the court to enforce it, if you experience any problems later on. Visit the UK Government website to apply for a consent order.
The marital home is usually the largest asset for divorcing couples. It’s important to know your options after you cease cohabitation. Here’s what to consider;
Depending on the marriage, the mortgage is usually split so one person has their name on it. You must still pay your part of the mortgage, even if you move out of the family home. Options include; transferring ownership to one person, continue to pay the mortgage equally or sell off the property.
If one spouse can’t support themselves financially outside of the marriage, they may be liable for spousal maintenance. This situation often happens when one partner, gives up their career to look after children while the other works. Payments for spousal maintenance depend on;
An example would be; if the marriage was long and one partner hadn’t worked for many years, the divorce settlement may grant that person a percentage of their former spouse’s income.
Are you facing the question: what am I entitled to if I divorce my husband? Austin Kemp are specialist divorce solicitors with offices located nationwide. We’re experts in complex financial settlements for divorce cases and are proud to have an outstanding record. By choosing us, you’ll be assigned a specialist family lawyer for your case, who’ll work with you every step of the way. In everything we do, we put our clients first and our 92% success rate shows that.
Call us anytime to discuss your needs on 0333 311 0925 or email us at email@example.com.
Our expert family law solicitors can help you with a range of legal issues relating to divorce, including:
For more information call our divorce solicitors on 0333 311 0925 or email firstname.lastname@example.org.
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