Re: Catty

Posted by: Suzanne Kingston, partner, Dawson's Solicitors
07/07/08 at 1:48 pm

In any application for a financial settlement on divorce (ancillary relief), the court will look at the following factors, in no order of priority:

 

a) the income, earning capacity, property and other financial resources which each party has, or is likely to have in the foreseeable future, including an increase in earning capacity;

b) the financial needs, obligations and responsibilities which each party has, or is likely to have in the foreseeable future;

c) the standard of living enjoyed by the family before the breakdown of the marriage;

d) the ages of the parties and the length of the marriage;

e) any physical or mental disability of a party to the marriage;

f) the contributions that each party has made, or is likely to make to the welfare of the family, including any contribution by looking after the home or caring for the family;

g) the conduct of the parties, if it would be inequitable to disregard such conduct; and

h) the value to each of the parties to the marriage will lose any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the benefit of acquiring.

 

Generally speaking, the longer the marriage, the more likely it is that the assets will be more equally divided. Yours would be considered to be a short marriage of 3.5 years, and therefore would be a reason for him to argue away from the equal division of assets.  If you and your husband lived together before you got married then any premarital cohabitation would be added to the length of the marriage to create one seamless period of time, and this total would be viewed as the length of your marriage.

 

This is of course only one of the factors that the court would look at as listed above. You have not given any information about any of the other factors which might be applicable to you.

 

The court can make a variety of financial orders in relation to finances. They can order capital settlement, which is a “once and for all” payment from one spouse to the other. This can include property transfer and pension sharing orders. The court can also order maintenance to be paid from one spouse to the other (spousal maintenance). This can either be for “life” ie: until the death or remarriage of the receiving spouse, or for a set period of time (term maintenance) to enable the spouse to adjust to their new financial situation. Where possible, the court would capitalise the maintenance payments so that they are paid as a lump sum rather than on an ongoing basis, so as to try effect a financial clean break between the spouses. It is always possible to apply to vary maintenance payments for as long as the duration of the order.

 

You should get proper legal advice, which is specific to your circumstances. A good place to look for someone suitable would be from the Resolution website which is an organization of family lawyers. There are also many people that you could speak to for counseling, if you think this would be useful, and your local citizens advice bureau, or Relate may be a good starting point.

Re: Catty

Posted by: Catty
07/07/08 at 7:45 pm

Actually, we been leaving togather for 4.5 years. He brought me from a different country and he had already a house. I had nothing. Now he is telling me that I didn't contrubute to this mariage. So he "forgot" that I left my country, excellent career and I came to live and look after him. I was part of time student and didn't work. So where I can live now? How I can re-house myself?  I cant find job because my diploma is not valid here and I have to retrain. So I am completely lost. Can judge count my personal circumstances? As i inderstood so far I am not entitled to harf. What I can get from him? please, advise.