Question:
I separated from my husband in the last few months, I remain living in the family home contributing to the mortgage and the family bills. My husband has moved out to live with his new partner and makes a financial contribution once a month. On divorce, what will myself and my children I be entitled to?
A.
Answer:
Firstly, you can apply for a divorce when you are two out the last three years separated. When a couple separate or divorce the most frequently asked question posed to me, is what am I entitled to? The simple answer is an agreement or court Order that achieves proper provision.
The aim is to ensure fairness. Proper provision is achieved by a Judge weighing up a list of principles and reaching a financial split based on this criterion. As no two marriages are the same and no two marriage breakdowns are the same, no two settlements are the same. The list of criteria to be considered are set out in both the Family Law Act 1995, and the Family Law (Divorce) Act 1996. Your settlement agreement or Court Order will deal with (1) Property Adjustment Orders (2) Maintenance Orders (3) Access Orders and (4) Pension Adjustment Orders.