LEGAL EAGLE: Everything a married couple owns jointly or separately is matrimonial property
I have found out that my husband has been having an affair. I have lots of evidence to prove this and I want to leave him. I am worried about my financial position; everything is in my husband’s name including the house. Will I be entitled to a share of the house or anything else?
Firstly, divorces are now, what is known as, none fault. This means that you do not have to prove to the court that your husband has done something wrong to divorce. So long as one or both parties sign a declaration confirming that the marriage had broken down irretrievably then the divorce will be granted. This is with the caveat that one of the parties must also be resident in the UK.
In terms of finances, everything a married couple owns jointly or separately is matrimonial property. This includes, amongst other things, the home and everything in it, policies and pensions, other items of value such as car(s) and debts.
The starting point for division of all matrimonial property is 50:50. The court will then consider various factors including, to name a few, the length of the marriage, if there are any children who is going to look after them and where, who has the greater earning power, and what should be done about pensions.
A financial order should always be obtained before the divorce finalises and the first steps to reaching an agreement would be to attend mediation. If mediation is unsuccessful you may then need the advice of a solicitor and the involvement of the court to decide the details for the final order.
As you are not named on the deeds of the house, you should register your home rights as soon as possible. Registering home rights on a property that has been the matrimonial home protects your financial interest in that property and secures your right to continue to live in it if you wish to.
Once home rights are registered, a charge will be placed on the title deeds to the property which would make it difficult for your husband to sell it without your knowledge.
Home rights will continue for the duration of the marriage but when the divorce finalises, your husband may apply to terminate your home rights. It is essential therefore that you register your home rights as soon as possible and that you obtain a financial order before the divorce is finalised.
We at Ben Hoare Bell LLP have the appropriate expertise in assisting with divorce. Please contact us on 0191 565 3112 or [email protected] for advice.