Q: I’ve just discovered my husband is having an affair, and I’m in complete panic. I don’t want to talk to anyone I know about it. So many questions in my head. What happens to our house if we divorce? I gave up work to look after the children, so will I get some of his pension? Please tell me what I need to do.
A: Discovering infidelity is always painful and it is understandable that you are confused, because you are in shock. It is, however, important that you stay focused and only make informed decisions - particularly when it comes to legal and financial matters. Gathering all the information you can at this stage will help you make the right decisions.
In England and Wales, you no longer need to prove adultery to divorce. Under the 2022 “no-fault” divorce law you can simply state that the marriage has irretrievably broken down. Reasons for the marriage breakdown typically don’t affect the outcome of financial settlements, which are based on fairness and need.
The family home is often the most significant matrimonial asset. Whether it’s jointly owned or in your husband’s name, you may have rights to remain in the property and/or claim a share. Court decisions include the home being sold to release capital for distribution between you both, ownership being transferred, or one party remaining at the property temporarily.
Pensions are also considered matrimonial assets. You may be entitled to a portion of your husband’s pension, ensuring you both have a share of retirement income. You can also consider offsetting, where you take more of another asset (like the property) instead of pension benefits.
While a 50/50 split of assets is often a starting point, especially in long marriages, the Courts consider factors such as needs, contributions and earning capacity to ensure a fair outcome. A family solicitor is best placed to guide you towards making informed decisions and how to proceed.
This question has been answered by Alison Peters, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
