Will I be worse off?

So, I'm thinking of getting a divorce. I've been married to my husband for 14 years and I've had enough! Everything is in his name - I mean, everything ... even the car I drive.

I own nothing and I'm recently self-employed, earning about £18-20K per year. He's on about £55K a year, with pensions, shares, and assets.

The house is his (bought before he met me), and I am not on the deed. He paid the mortgage off last year and bought the freehold. I have contributed towards the house here and there.

We have no children, and I have a long-term, mental health diagnosis, which limits my earning potential. So I'm somewhat reliant on him.

My question is: will I be financially worse off if I leave and get a divorce? He's the breadwinner and owns everything, plus the bills are in his name. It's almost like I don't exist!

I applied for matrimonial rights on the house, which he was not happy about when he found out.

He said that if I leave ans divorce him, I will be entitled to nothing as I don't own anything. So basically, I'll be worse off!

What are my rights? I am on a low income and cannot afford lawyers, so any input will be greatly appreciated as I have no idea how to move forward.

Thank you.

The first thing you need to do is stop taking legal advice form your husband. Whatever he says is not in your best interests.

It is difficult to filter out your spouse's voice/opinion when it is all you have heard for years.

So in answer to your question, the beginning point is a 50:50 split. That isn't a right as such - it is the initial approach that a court will take when deciding upon the most appropriate split of the finances. The Court will then look at factors to vary that approach such as length of marriage, unequal earning capacity, unequal pensions etc.

It makes no difference in whose name the assets are registered. A property registered in his name is a joint asset. That is why you are able to register matrimonial home rights and the Land Registry form that you used was designed only for that purpose.

Whilst you do not have access to a a fund for legal fees I would urge you to find a specialist solicitor who deals in financial remedy proceedings (this used to be called 'ancillary relief') and obtain an initial opinion (some offer fixed fees for an initial appointment).

It is crucial that you obtain a professional opinion to override any seed of doubt that has been placed in your thoughts from your husband.

Handy tip: if you are able to engage the services of a solicitor be prepared for your husband to something along the lines of "my solicitor says that your solicitor is the worst most unprofessional solicitor ever". It's a line as old as the hills and designed to make you doubt the advice you have received and your own judgement when choosing a solicitor. It's gaslighting at it's brightest.

Charles

Thanks for that sound advice Charles. It makes me feel better.

The other issue is, I don ‘t have access to his banking account, so I have no idea what his financials are like, including his pensions, etc. Will he have to divulge this when solicitors are engaged?

I have a feeling he’s going to make life very difficult for me!

In the course of proceedings each party has to complete a form E financial statement which details all of their finances.

Each party then has the opportunity to raise a questionnaire in relation to the Form E to confirm any details or seek further details.

Part of the Form E process is to attach 12 months of bank statements which you can examine to see if monies are coming from or going to accounts which are not disclosed.

Charles

Hello, Charles has given you good advice. I have been subjected to the same as you. When my husband bought me a car he put it in his name. I knew we were going to divorce at some point and I told him i could not insure it because it was in his name. He would have taken it away by now had I not done that. He applied for an occupation order and due to my ignorance i missed the hearing and it was awarded in his favour.

If he is not aware that you are planning to divorce him try and find paper work relating to his finances first. Do not keep anything that is his though. Just try your best to remember details. Be prepared for him to drag this through the courts. I try and do as much as I can myself and have a solicitor for emergencies. She is £475 an hour. We rarely talk and communicate via email.

My husband paid all the houshold bills and when he could not return to the FMH he was livid that he was paying all the bills but did not want me to pay them as that would mean I was contributing the FMH. We have been separated for five years now. he and his solicitors have run me down. I now take medication and have professional support.

Try and get some supporting evidence about your mental state.

In my experience the Courts just want couples to reach an agreement before the hearing. They very rarely take into acount what has taken place in between hearings.

Barristers are avaiable on a direct access basis.

I will DM my solicitor's details to you. Please feel free to contact me.

Whatever happens please try not to leave the FMH no matter how hard it gets.

I think you will be a needs case so you will be entitled to something so don't worry about that.

Be strong and good luck!

Hello again, I did forget to say that this site has been amazing for me and you can ring for advice as well.

Also do not be scared of his solicitors. you may receive emails including deadlines and if they are not met they will have to go to Court and you will pay the costs. Some solictors thrive on fear and igorance.

I did try to message you but it did not work.

As others have said, the starting point is a 50/50 split of his assets. However, due to your lower income and mortgage capacity the split is likely to be around 60/40 in your favour (i.e. you get 60% of his assets, e.g. equity in the home, pension, cash, etc). Hopefully you don't waste too much money on legal fees. You appear to have a very simple divorce and a reasonable Judge should give you around 60% of everything.