Property and Custody Dispute
The individual is currently separated and facing pressure from their partner to finalize a divorce. They share four children and own two properties: a marital home held jointly and a rental property in the partner's sole name. The marital home has approximately £350,000 of equity, while the rental property holds about £30,000. The individual is concerned about a fair distribution of assets, especially since the partner insists on transferring the deeds of the marital home before releasing funds from the rental sale. This situation is complicated by the partner's alleged extramarital affairs and attempts to manipulate the children against the individual.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure a fair property settlement, considering both properties are in her name?
To ensure a fair property settlement, consider applying for a financial remedy order through the family court. This allows a judge to assess your situation and make a fair division based on factors such as both parties' contributions and needs. Although your partner's contribution to the marital home may impact the decision, your name on the deed offers you a potential claim. It's crucial to have an accurate valuation of both properties and any outstanding mortgages. You might also explore mediation, which can facilitate a mutual agreement and is often faster and less costly than court proceedings. Consulting a family solicitor may help you understand your entitlements further.
How can I protect my interests and ensure I receive the proceeds from the sale of the rental property?
To protect your interests and ensure you receive proceeds from the rental property's sale, consider seeking a legally binding separation agreement that outlines the financial arrangements. This can include clauses regarding the rental property and the marital home. Consult a family law solicitor to draft or review this agreement. Additionally, you may apply for a consent order from the court, which legally binds the agreement reached with your spouse. If there's concern about her reneging on an informal agreement, these steps provide legal enforceability. Ensure any financial discussions are documented and, if possible, witnessed to strengthen your position in any future disputes.
How might her previous actions affect the divorce proceedings or any financial settlement?
In the relevant jurisdiction, marital conduct, such as infidelity, typically does not influence the financial settlement directly. The court’s primary focus is on achieving a fair division based on pertinent legislation, considering factors like the needs of the children, the length of the marriage, financial resources, and contributions by both parties. However, if the conduct has financial implications (e.g., significant expenditure of marital assets), it might be relevant. It’s advisable to document any financial implications and consider mediation to address these concerns.
What legal actions can I take if she's using our children as bargaining chips during this process?
It is crucial to prioritise the well-being of your children during this process. If your spouse is using the children as bargaining chips, you might consider applying to the court for a Child Arrangements Order. This order determines where the children live, who they spend time with, and what other types of contact take place. The court focuses on the children's best interests and will make decisions accordingly. You may also seek mediation to address these concerns.
Should I consider getting a formal agreement or court order regarding the property division and child arrangements now, even though we're still at the talking stage?
Yes, obtaining a formal agreement or court order is advisable at this stage to ensure clarity and legal protection regarding property division and child arrangements. An interim agreement can help manage expectations and minimise conflict. It’s crucial to formalise arrangements to safeguard your interests, especially given the complex financial and familial dynamics. You might consider a Consent Order for financial matters. Regarding child arrangements, a Child Arrangements Order may be beneficial if informal agreements become contentious.
I have a legal interest in the marital home since it's in both our names.
Since the marital home is in both your names, you have a legal interest in the property despite other contributions. During divorce proceedings, the court considers various factors for property division, including financial contributions and the welfare of the children. You might want to explore obtaining a financial order which can formalise any agreed property settlements. It’s crucial to consider seeking mediation or legal negotiation to ensure both parties agree on a fair settlement.
