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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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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Hi i have been divorced for over a year my ex husband had an

Customer Question

Hi i have been divorced for over a year my ex husband had an affair,our eight year old son lives with me and sees his dad every other weekend when hasnt got no other plans,he is paying interest only on the joint mortage,and forcing me to sell,he hasnt give me any maintanance for two years,he has his own bussiness and pension.I would like to know if i would be able to get him to support my son and myself.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When was the Decree Absolute and why were finances not dealt with at the time.
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.
Hi my ex said he would allow me to have equity in the house and settle for £5000 that's because I put the deposit on the house and got a solicitor to put in writing that if the house was sold I would get 75% if we spilt,I did this because I had three other children from a previous marriage and wanted to protect myself. we have a little boy who lives with me .He also said he would give me £700 maintence a month when the house is sold, he put this in writing and signed it.
But now I feel he is not to be trusted and want something more solid.There is £100.000 equity in the property the outstanding mortgage is 258.000. He earns £ 30000 ,he also has a good pension and is a partner in a company .after tax a year I earn £7000 and I have about £20000 dept.
thank you Sam
Expert:  Clare replied 3 years ago.
Hi
Was that agreement turned into an Order which was sealed by the court?
Clare
Customer: replied 3 years ago.
No that's the problem.i had a pre nup done before I married him saying I would be entitled to 75% if things didn't work out. But the only thing I have from him is a letter confirming I can keep equity and give him 5000 and that he would agree to pay 700 a month once house is sold. How much will it cost to turn the letter into an order and seal it at court? Thank you Sam
Expert:  Clare replied 3 years ago.
Hi
What is the value of his assets and what income does he have?
Clare
Customer: replied 3 years ago.
Hi not sure how much his pension is worth but I know he pays a lot each month, he is a partner in a business heating engineer which is very successful he brings home £ 3000 a month
Expert:  Clare replied 3 years ago.
Hi
What are the current financial arrangements between you?
Clare
Customer: replied 3 years ago.
Hi he's paying the mortgage payment interest only £800 and nothing else.
Customer: replied 3 years ago.
Hi he pays the mortgage £800 interest only nothing else
Expert:  Clare replied 3 years ago.
Hi
When was the Decree Absolute granted?
Clare
Customer: replied 3 years ago.
Hi 2012
Customer: replied 3 years ago.
Hi my decree was the 19th march 2013
Expert:  Clare replied 3 years ago.
Hi
How far have the financial negotiations following the divorce reached?
Clare
Customer: replied 3 years ago.
He has agreed in writing to allow me to keep equity and give him 5000 on sale of house once house is sold he has verbal agreed to pay 700 maintaince.
Expert:  Clare replied 3 years ago.
Hi
How long did you live together and how was the purchase of the property funded?
Clare
Customer: replied 3 years ago.
We lived together for 6 years I sold my home and used my equity for the deposit on this house.
Expert:  Clare replied 3 years ago.
Hi
Do you want to sell at this point?
How old are your older children?
Clare
Customer: replied 3 years ago.
Hi I am going to have to sell I can't afford the mortgage and the heating bills etc, my older children are 18.
Expert:  Clare replied 3 years ago.
Hi
Will you have sufficient money to purchase a home for you and your child?
Clare
Customer: replied 3 years ago.
I will have to get a mortgage, I should have about 60,000 deposit left when everyone's taken their cut, so probably will need a mortgage of £100,000 , I have been to see an mortgage advisor and they said it might be possible.
Expert:  Clare replied 3 years ago.
Hi
Did you have a solicitor acting for you within the divorce proceedings?
Clare
Customer: replied 3 years ago.
Hi no we didn't .
Expert:  Clare replied 3 years ago.
Hi
From what you have said the deal that has been reached is not unreasonable - but then neither is it generous
I am afraid that at present he is already supporting you by paying the Mortgage
His liability for child maintenance via the CSA is in the region of £450 a month so he is currently paying you £350 spouse maintenance
You will need to get a Solicitor to draft the Consent Order setting out the agreement that has been reached so that it can be forwarded to the court for sealing so that the agreement can be enforced.
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi I have spoke to several solicitors and they are not willing to draft up a consent order without seeing three years of accounts and pension details, I really don't know what else I can do,I cannot afford to pay for a solicitor:(
Expert:  Clare replied 3 years ago.
Hi
When did you last approach them?
Clare
Customer: replied 3 years ago.
Today , they said they wouldn't just set up an agreement , they said they would want to see all of his and my earnings and then they would decide, they also said it would cost me roughly £2000 , Iam in dept so I can't afford to pay them, it seems so unfair that there is not another way, not sure what to do apart from lower the property value and hope I sell then maybe I will be able to use some of my equity :(
Expert:  Clare replied 3 years ago.
Hi
How many have you tried - and do you always make it plain you just want the order drafted
Clare
Customer: replied 3 years ago.
Hi I have tried four and made it very clear I just wanted an order drafting and they all said the same they wouldn't be willing to do this because they felt they wouldn't be doing their job correct, they said that they wouldn't want me to accept something without knowing all the details , I just feel Iam not going to get anymore money from my ex, and would like this sorted, they advised me not to sign the consent order and wait until I can afford a solicitor.
Expert:  Clare replied 3 years ago.
Hi
Just to recap
What do you actually know about his financial position?
Is he anxious to resolve the matter with an order.
Clare
Customer: replied 3 years ago.
Hi I know he brings home 3000 a month and his pensions worth about 2000, I also know he has dept, yes he seems keen to resolve issue.
Expert:  Clare replied 3 years ago.
Hi
What Capital assets does he have?
Clare
Customer: replied 3 years ago.
He is a partner for this company
Rawheat Ltd - Peterborough

With over 25 years of experience, Rawheat Ltd have been providing a professional heating and plumbing service to both the domestic and commercial sectors.

We have experience working with traditional fuels including gas, oil and solid fuel and can advise and install renewable energy systems.

Plumbing and heating services

Rawheat Ltd provide a comprehensive heating installation and repair service for all types of boiler including gas, oil and solid fuel.

Further services include plumbing repairs and maintenance, and a quick turnaround landlord inspection service at a very competitive rates.
Expert:  Clare replied 3 years ago.
Hi
So the company has a value in itself.
How long did you live together for?
Clare
Customer: replied 3 years ago.
Hi we lived together for seven years
Customer: replied 3 years ago.
Hi we were living together for 3years and married for 6 years .
Expert:  Clare replied 3 years ago.
Hi
Does your ex have a solicitor
Clare
Customer: replied 3 years ago.
He said he went to see one a year ago but only once, he said that his solicitor told him he shouldn't be paying spouse maitanance because he was allowing me to keep the equity , not sure how true this is.
Expert:  Clare replied 3 years ago.
Hi
Not true at all
You brought substantial assets to the marriage and have a small child.
This being the case it is a given that you would keep the house - especially as it appears that he has considerable assets of his own.
In fact it is very possible that even the £5000 payment is not reasonable
That being the case Spousal Maintenance is still a viable issue
It is because of this that the solicitors you speak to have such concerns about the settlement
I suggest that you go to Family mediation (www.familymediationhelpline.co.uk) to discuss the agreement - Legal Aid is still available for this - and you will then find solicitors more willing to put the Consent Order in place
Clare