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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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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Advise on where I stand divorcing my husband

Customer Question

Advice on where I stand divorcing my husband. I am now a full time mum with an 8 and 4 year old and one on the way. We have been together 22 years in April and married 5. We have a mortgage together for the last 7 1/2 years. My husband works abroad for a company in Abi Dhabi. If I was to divorce him what would my entitlements be with regards XXXXX XXXXX house, maintenance etc.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much does he earn?
Clare
Customer: replied 2 years ago.
Hi Clare

The house is valued around £145,000 and we owe about £140,000 sorry these are only ruff estimates. (House is worth a lot less than it was 7years ago when we bought it)
My husband is in the process of starting a new job so I am unable to tell you what his new salary would be. The last two years he has earned around £160-£180,000 a year.
There are no debts only the mortgage. We have a caravan that we bought In 2012 for £26,000 dont know the value of this as it stands at the moment. A BMW car that is worth around £22,000 a range rover worth around £9,000 and a boat worth around £9,000 and my husband has about £25,000 in his savings and £10,000 in his current account. This money is solely in his name. We do have a joint account which he transfers money to ievery month for bills, food, petrol etc.
Expert:  Clare replied 2 years ago.
Hi
Is he paid into a Uk account?
Clare
Customer: replied 2 years ago.
Not with his last job he wasn't. Will have to see on his new position
Expert:  Clare replied 2 years ago.
Hi
Are you wishing to remain in your current home?
Clare
Customer: replied 2 years ago.
Probably yes
Expert:  Clare replied 2 years ago.
Hi
Remaining in your home is no problem - the housing needs of the children are the priority for the Family Court, and given the extensive other assets and savings it would be reasonable for you to ask for a substantial capital payment to reduce the mortgage as well and I would expect the house to be yours, even though his name will have to remain on the mortgage.
The court will also order Child Maintenance - likely to be at 19% of his gross income more or less and you are also entitled to Spouse Maintenance
This is of course only a rough guide - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks for the information. My husband informs me in a domestic argument that I have no right to stay in the house we live in and if I do it is my responsibility to pay the mortgage? I need my legal rights known to me so I can basically advise him.
If we were to divorce I would ask for spouse and child maintenance along with staying in the house.
How does equally splitting the assets/savings come into affect?
Expert:  Clare replied 2 years ago.
Hi
He is incorrect
You have an absolute right to remain in the matrimonial home - and of course he is under a duty to help you house the children until they are 18
Yes you would have to pay the mortgage - and he will have to pay you souse maintenance in order that you can do so.
The negotiations on the finances can take place prior to the divorce using family mediation (www.familymediationhelpline.co.uk) to try and agree a solution - but if that fails then you can apply with the divorce proceedings for the court to decide the matter
Clare
Customer: replied 2 years ago.
Is it true that the courts won't acknowledge his income/savings etc if his work/wages are out of the uk.
I'm concerned that he could get away with paying maintenance because of this.
Expert:  Clare replied 2 years ago.
Hi
No that is not true - it simply makes it harder to enforce if he does not pay
Clare

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