Hi my name is Andy, I have been married 12 years, I have 2 kids 14 and 17, I want to get a no fault divorce as the marriage is completely over, the house is in my name solely and we both sleep in separate rooms, I am looking for advice for what would my ex wife be entitled to, also advice if I leave the family home will that be more favourable for her, also I am responsible for the kids so they are top of the list when it comes to this situation, also advice on can the ex still have anything to do with pension as I am only 43.
1. No fault divorce is not possible at the moment. This is being brought into law in April next year.
2. The house being in your sole name doesn't mean anything if you are married. It's a joint matrimonial asset.
3. Leaving the matrimonial home sometimes is a case of necessity if the situation is intolerable. However, having to rent somewhere costs extra money and if you can be civil to each other you can reach a settlement and then agree to implement this which might be to sell the property.
4. You mention that you are responsible for the children but you are considering moving out. Do you mean financially responsible or responsible for their day to day care and needs?
5. As with the property, your pension is a joint matrimonial asset.
6. The starting position for finances is to split everything 50:50 unless their is good reason to depart from this approach. There are many reasons to depart from that approach which could include unequal earnings capacity, unequal pension funds, health reasons, financial needs etc.