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What Am I Entitled to If I Divorce My Husband?

A common question we get as divorce specialists is “what am I entitled to if I divorce my husband?”.

Unfortunately, this is not a straightforward answer, with no guaranteed entitlements for either party. Every marriage is unique and the circumstances need to be assessed case by case.

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.

what am I entitled to if I divorce my husband?

Are you facing the question: what am I entitled to if I divorce my husband? Call us to discuss your needs on 0333 311 0925 or email us at mail@austinkemp.co.uk.

 

Money and Financial Assets – How Are They Split in a Divorce?

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.

 

Matrimonial Assets

Assets you’ve built up while being married are known as matrimonial assets or marital assets.

These typically include;

  • The marital home
  • Furniture and appliances
  • Vehicles
  • Pensions and savings
  • Money in the bank
  • Other properties
  • Businesses
  • Mutual funds, stocks and bonds

 

Non-Matrimonial Assets

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.

 

How Does the Court Divide Matrimonial Assets?

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;

  • The needs of each spouse. If one side is weaker financially, they may be given more to provide a fair settlement
  • Custody of children. More will be given to whoever takes care of the children moving forwards
  • Future earning potential. Did you sacrifice your career for marriage or children? Then you may be entitled to a better settlement
  • Any mental or physical disabilities on either side
  • The duration of the marriage
  • The conduct of each spouse

 

How are Debts Split During a Divorce?

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.

 

Sit Down and Work Out Your Assets

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;

  • Total value of properties owned. Include the family home and any other properties. State any remaining mortgage and the equity
  • Combined debts. Complete overview of financial commitments like; credit cards, loans, overdrafts or car finance
  • Value of savings accounts. Update all savings passbooks
  • Disposable household income. Your combined incomes clearly stated
  • Expensive items valued. If you own any valuable assets like cars, jewelry, paintings and other items, get an updated valuation
  • Overview of any investment portfolio. Ask your independent investment advisor to value your investments

 

Make the Divorce Settlement Legally Binding

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.

 

How is the Marital Home Divided for Divorcing Couples?

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;

  • Both move out and sell. This is an amicable option giving both parties money to buy another home
  • One side buys the other out. If one side has enough capital, they can buy the other out and become the sole owner
  • One spouse transferring value to the other. One side transfers part value to the other. The leaving spouse has no ownership rights but keeps a stake in the home value
  • Keeping shared ownership. One spouse stays in the marital home, but ownership remains equally split between both
  • Mesher order. This involves agreeing to sell the marital home at a later date, like when a child has grown up and moved out

 

What Happens to the Mortgage in a Divorce Settlement?

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.

 

How Does Spousal Maintenance Work?

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;

  • Standards of living pre and post-divorce
  • Income potential of each person
  • The age of divorcees
  • Any disabilities or special needs
  • How long the marriage lasted

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.

 

Reach Out to Austin Kemp for Specialised Divorce Advice

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 mail@austinkemp.co.uk.

 

Are you facing the question: what am I entitled to if I divorce my husband?

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 what you are entitled to if you divorce

For more information call our divorce solicitors on 0333 311 0925 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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15th May 2021

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