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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife and I have recently seperated. I agreed she could have

Customer Question

My wife and I have recently seperated. I agreed she could have all of the equity from the sale of our matrimonial home and she could use whatever savings she needed to buy a house with no mortgage. I would cover all legal and removal costs (circa £6,000)costs and I would use what savings I needed for a deposit on a small property with a mortgage. The numbers are: she has a house purchased for £175,000 and no debt. I also put £7,500 in her account for buying new furniture. I also pay her £600 per month for our daughter (13). I have a house purchased for £118,000 with a mortgage of £80,000. I have in writing from her that she will never make a claim on my property and vice versa. It is an amicable split but I want to get the legals sorted out so that everything is cleanly broken. Have I done enough. |
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
Please give me the following information.

What is the property worth?

If you have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Both incomes?


Do you have children and if so how old are they?
Expert:  Clare replied 3 years ago.
Hi
If what you wish to know is whether or not your ex could still make a further claim against you then the answer is a simple yes.
If the figures you give show the extent of the assets then the settlement is very fair and it is unlikely that your ex would be awarded any more - HOWEVER unless and until there is a final order within divorce proceedings then there is the potential for a further claim.
As a half way house you could have a Separation Agreement setting out the arrangements and confirming that this will be turned into a Court Order eventually
Claire
Customer: replied 3 years ago.

Just wanted to check you received the further information. You are the only one who has asked for this additional information which re-assures me as I have never used this service before. For additional info my wife also receives from the state circa £600 per month so she has a net spendable income of £1,500 per month as her monthly income from work is around £300 per month and she has no mortgage.

Expert:  Clare replied 3 years ago.
Hi
What is your monthly income
Claire
Customer: replied 3 years ago.


Hi, Sorry I didn't get back to you sooner but was confused as someone else asked for further info but hasn't come back to me.


Further information for consideration is:


My matrimonial home was sold for £215,000 and the mortgage on it was £72,000


We were together for 24 years


My wife has an income of £300 per month plus she gets £600 per month in benefits, plus £600 per month from me which I have agreed will continue if/until my daughter completes higher education (she has just turned 13). This amount will also be inflation linked. There are no savings left as used for house purchase.


My wife has agreed I can keep my Final Salary pension which will repay my mortgage and give me a £10,000 per annum income. I have agreed to give her a money purchase pension pot woth £70,000, which added to her pot comes to £100,000. At age 55 this is estimated to give her a pension of circa £7000.


She has since found herself a sleeping partner (hurts but thats life), which was a bit sudden bearing in mind, she asked me if it was ok to go to dinner with him on the 11th Jan


Let me know if you need anything else

Expert:  Clare replied 3 years ago.
Hi
What is YOUR monthly income?
Claire
Customer: replied 3 years ago.


Ooops!! My monthly income after tax and NI is £2289

Expert:  Clare replied 3 years ago.
Hi
In that case my answer remains as above
Claire
Customer: replied 3 years ago.


Did the further information that I sent you regarding the rest of the arrangements help in further clarifiying my position. Do you think I ahve been fair and would a judge see this as a fair split.

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Actually base don what you have said yes I think this is a reasonable agreement and one likely to find favour with the court
Claire
Customer: replied 3 years ago.


Thank you Claire


Would we be able to do the majority of the divorce proceeding ourselves without involving solicitors. Reason being Neither of us have much capital and we cant afford to borrow money which would result in effecting our daughters future (she is a national latin and ballroom champion - a very costly proffesion). How much of the process could we do ourselves


Ken

Expert:  Clare replied 3 years ago.
Hi
In fact of you are both in agreement you can do all of it yourselves.
The process is set put on a government website here
https://www.gov.uk/divorce/overview
The only part which is not easy is drafting the Clean Break Consent Order dealing with finances (although the Which Guide to Divorce used to have a good one set out) - but again if you both agree that should not cost more than £200 or so with a local solicitor
Claire
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you Claire you have been most helpful


Kind regards


Ken

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - good luck
Claire
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Claire

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