Whilst many issues surrounding divorce affect both male and female partners, there are a number of issues that are of particular concern to men. It's common in the UK for the family home to be transferred into the female partner’s name, the children stay in the family home and the male ex-partner must make financial provision for the family. This post addresses a number of concerns that men who are considering or going through divorce may have and offers advice on how to find the best family lawyer to help.
Can I be forced to give up the home?
If you do not have any children, the aim of divorce is to reach a fair financial settlement between you and your partner. Whether you will be able to keep your home or not will depend on the assets you and your partner have and your preferences.
For example, if large sums of money are at hand, you may agree that one of you will keep the home and the other will have a larger share of the other assets. On the other hand, if your resources are limited you may need to sell your joint property so that you can each buy a smaller residence.
If children are involved the situation is more complicates. Children must have a home where they can live with whichever parent is to look after them. This may mean that whichever parent is to look after the children will keep the family home, and may be entitled to a larger proportion of assets. However this is not always the case, and the court is unlikely to approve a one-sided agreement.
Do I have to make financial provision for my partner?
The financial provision you may be required to make for your partner will depend on a number of circumstances, including:
- Each of your needs, assets and earning capacity
- Standard of living before the deterioration of the marriage
- How long you have been married
- Special needs such as disability
- Contributions made to the marriage
For example, if a young couple divorce following a brief marriage with no children, it is likely to be fair that they each walk away with the assets they had prior to the marriage with neither spouse paying maintenance.
Alternatively, where a couple married for 20 years with the wife looking after the home and children to allow the husband to focus on his career, separate, a fair financial settlement would be to split the joint assets with the wife being entitled to maintenance payments. This is to reflect the wife contribution to the marriage as a homemaker and the fact that she would be unlikely to be able to begin to bring in a large income.
However, there is no reason why a man in the same circumstance would not be entitled to claim maintenance payments where the wife is a high earner. A fair settlement takes into account the same factors regardless of gender.
How to Choose the Best Divorce and Family Lawyer
We have created a guide to help you choose the best divorce and family lawyer for your circumstances.