Hello, have just joined and would really welcome some advise!
I have been married for a short time of only 20 months. We have a young child.
We live in a mortgaged property that is in my husbands sole name.
My life is being made hell by him and have been advised to stay put to enable me to get the most benefit, however time has come that i really do need to leave for my own sanity.
I am hoping to get financial help from family or from the bank to enable me to start up in rented acomodation however in the eyes of the law will this leave me with less cope to fight for what I am entitled to?
Hiya, this is difficult to answer. Generally I have read on here that with a short marriage you leave with what you put in. ie: if you paid the deposit on the house then the house would proberly be sold and and you would get your money back.
Can I ask what it is that you think you are ''entitled'' to?
How long have you been together pre marriage?
I was married for 7 years. met 2 years previous to that but was still considered by the courts to have a short marriage.
The usual legal advice is not to move out of the former matrimonial home (unless it is unsafe) until arrangements for finances and children are in place. You will be rehoused if you move out and there could be little incentive for your husband to reach a settlement.
Did you cohabit before marriage? With short childless marriages there is a principle that each party takes away what they brought to the marriage. However, the duration of the marriage is only one factor in the s25 Matrimonial Causes 1973 checklist. When there are children their "needs," in particular for housing during their minority is the priority. Very often the needs of a parent with the majority of care for children will overrule the usual short marriage principle.