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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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HiI have been separated from my wife for just over 5 years,

Resolved Question:

Hi

I have been separated from my wife for just over 5 years, I am beginning divorce procedings very soon. I have recently taken voluntary redundancy from work with a £44600.00 payout. My wife has just found this out and is demanding some of this money, is she entitled to have some of this.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX
I will do my best to help you but I need some further information first.
How long did you live together and are there any children involved
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 3 years ago.

Hi


 


we lived together for 5 1/2 years and were married for 4 1/2 yrs. We were both in an IVA for 5 years (so I have no debts), which I have completed last November but I believe hers is still on-going. We have a house which is worth maybe £10 000.00 more than the mortgage. I live in the house and have done for about 12 years. There are no children involved. I have no income as I took redundancy, she takes home about £1000 a month.


 


Richard

Expert:  Clare replied 3 years ago.
Hi
How much has she asked for?
Clare
Customer: replied 3 years ago.

Hi


 


she has now asked for £7000


 


Richard

Expert:  Clare replied 3 years ago.
Hi
What debts did you each have at the start of the IVA's
Clare
Customer: replied 3 years ago.

Hi


 


my debt was in the region of £75000 and my wife's was around £17000


 


Richard

Expert:  Clare replied 3 years ago.
Hi
How old are you both and what were you earning prior to taking redundancy?
Clare
Customer: replied 3 years ago.

Hi Clare


 


I'm 48 and she is 47 I was earning £30600 per year


 


Richard

Expert:  Clare replied 3 years ago.
Hi
Is the £7,000 on top of the £5,000 you had already agreed to pay her?
Clare
Customer: replied 3 years ago.

Hi Clare


 


No.


 


Richard

Expert:  Clare replied 3 years ago.
Hi
Sorry so now she is asking for £7,000 instead of £5,000 - is that correct?
Clare
Customer: replied 3 years ago.

Hi


 


Yes that is correct, she is also making threats that she will move back into the house, can she do this, I have a new partner, who had nothing to do with the separation,


 


Richard

Expert:  Clare replied 3 years ago.
Hi
The family court will consider all the assets that you both have if the matter goes to court.
While the Judge is unlikely to award your ex a share of the lump sum you have received five years after you separated they may well grant your ex a larger share of the equity in the Matrimonial Home given the fact that there is such a substantial imbalance in the capital situation
This being the case and given that it will certainly cost you more to fight it than the £2,000 extra she has asked for it would be sensible to just agree - especially as the simple fact i sthat yes she is entitled to move back into the property should she wish to do so
I hope that this is of assistance - please ask if you need further information
Clare
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