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Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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my husband wants us to separate after 30 years of marriage.

Resolved Question:

my husband wants us to separate after 30 years of marriage. How do i find out what i am entitled to
Submitted: 5 years ago.
Category: UK Family Law
Expert:  Thomas replied 5 years ago.


Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Are their any children of the relationship, if so please state their ages

Kind regards.


Customer: replied 5 years ago.

We have 3 grown up children that have all left home,

Also my husband does have his own busines owned between him and my son


Expert:  Thomas replied 5 years ago.

Thanks for your reply.

A marriage of your length is classed as a long marriage for the purposes of determining the financial settlement of the matrimonial assets pursuant to divorce. There is a presumption that each party retains a 50% share in the assets of the marriage, this can be rebutted so that one party receives greater than 50% if (most commonly and to a greater extent) there are minor children of the marriage who are to reside with one resident parent or (to a much lesser extent) if there is a large disparity between earning capacities of the parties or where one requires more in order to cope with the financial burden of living with a health condition.

If these do not apply to you then one would not expect a court to depart far at all from 50% of the matrimonial assets to each party if you were to involve the court in your financial affairs during your divorce (ie. ancillary relief proceedings).

This means that the basic position is that you would be entitled to 50% of matrimonial assets. The matrimonial assets would include all of each other’s assets and liabilities. This would include your husband’s share of the business. If you did not wish to claim any part of the business then you would be entitled to receive a higher proportion of the other assets if your husband is to retain the entire interest in the business.

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I will answer your follow up questions you may have.

Kind regards,

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