Matrimonial Matters

Exploding the Myths

There are many misconceptions regarding finances when a marriage runs into difficulty. In this series of questions and answers Clare Ellison of Hodge Halsall Solicitors dispels some of the myths.

Question

I want to leave my wife but I am worried that if I pack my bags and leave I will lose the house.  

Answer

If the ownership of the house is in joint names it makes no difference if one of the parties leaves the property. A house is just one of the matrimonial assets and can be included in a financial claim regardless of whether it is in the joint names of the parties or in the sole name of the husband or wife. It will be treated as a matrimonial asset.

Question

My husband has left me with the children. He has a duty to keep a roof over our head doesn't he?

Answer

This is a common assumption which is simply untrue. When a marriage breaks down the husband is liable to provide financial support for any children. The amount that he must pay is assessed by the Child Support Agency. This is usually 15% of his net income for one child, 20% for two and 25% for three or more children. He may also have an obligation to support his wife, which must be pursued through the County Court who will take into account all the circumstances of the case. The most important factors are the husband's ability to pay and the wife's need for financial support. There is however no separate duty to "maintain a roof".

Question

I have left my wife and our six children but I want to be fair to her so I am going to let her have half of the proceeds from the house when it has been sold.

Answer

In the eyes of the law fairness and equal division of assets are not always the same thing. The factors that the Court has to take into consideration in dividing up the matrimonial assets are not only the extent of those assets and the income of both parties but also the relative needs of the parties for the foreseeable future. A wife with six children especially if they are young would be entitled to a greater share of the matrimonial assets as she has a greater need compared to the husband. Selling the house and giving the wife a half share would not be fair.

Question

My husband has left me for another woman but he has carried on giving me the same amount of money as I had when we were together. I don't need to make a financial claim do I ?

Answer

Your husband probably feels guilty about the break-up of the marriage and is paying you more than he should. He has a right to provide himself with reasonable accommodation and few husbands can afford to maintain two households in the long run. Unless your husband is extremely wealthy you cannot expect this situation to continue indefinitely. It is a sad fact of divorce that there become two households when there was previously one. Inevitably there will be financial hardship. You should seek legal advice to ensure that your husband supports you as much as possible.

Clare Ellison is a Solicitor with Hodge Halsall Solicitors. She is a specialist in family law matters and can be contacted at the firm's Southport office on 01704 531991 or at clareellison@hhlegal.co.uk