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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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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I will be stating divorce proceedings soon. We have been separated

Customer Question

I will be stating divorce proceedings soon. We have been separated for over 6 years. When the house is sold she has told me categorically she will get at least 70% of the equity as the two children live with her most of the time, is this actually true in law ?
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.
How long have you actually been married/living together and how old are the children?
How much is the property worth and how much is outstanding on the mortgage?
What other assets and debts are there including pensions and what income do you each have?
Clare
Customer: replied 3 years ago.

Ok I'll answer questions one by one.


1. married for 17 years


2. Children one 15, one 13, boy and a girl


3. Property worth around £K220, Mortgage OS £K75


4. There is an endowment but I do not know the value of that


4. No other assets, I have 4 occupational pensions not worth very much


5. My income £K52 per annum, her's as a child minder probably around £K20.


Is this OK, do you need anything else?


 

Expert:  Clare replied 3 years ago.
Hi
How much would a cheaper three bedroom property cost to buy?
Clare
Customer: replied 3 years ago.

there is a house round the corner right now for £K160, 3 bed detached, she is currently living in a 4 bed detached, going outside the immediate area the area may not be as nice but as expected the costs go down. I don't want the children to have to move a long way be away from friends and school etc, so I need to be conscious of this

Expert:  Clare replied 3 years ago.
Hi
Rough guess on the value of the pensions?
What is your housing position?
Clare
Customer: replied 3 years ago.

no idea about pensions, but I can find out, but they are not worth very much at all as I have changed jobs a few times, and certainly not enough to live on their own.


 


My position, I am renting a 3 bed house, £550 per month which is £150 more than the mortgage payments on the matrimonial home.


 


I have children twice a week and any other times that are appropriate.


 


Sorry about value of pensions , I can find out for you, but will take a bit of time.


 


Appreciate your help

Expert:  Clare replied 3 years ago.
Hi
Are you willing to wait until the youngest is 18 to force a sale?
Clare
Customer: replied 3 years ago.

Hi Clare


 


Yes of course I'd be happy for that, they need the security etc. That is another 7 years which is OK. Appreciate your help

Expert:  Clare replied 3 years ago.
Hi
The starting point for division of all the assets (including the pensions) is 50/50
The court can and does depart from this - and a 60/40 division in her favour to reflect her ongoing care of the children would certainly not be unusual and would also cover her "share" of you pensions
She does also have a claim for spouse maintenance in view of the difference in your incomes and this could push the division up to 70/30 - although 65/35 is more realistic
This is an area for negotiation - possibly using Family mediation (www.familymediationhelpline.co.uk)
Please ask if you need further information
Clare