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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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, Im looking for some advice for my brother. He is looking

Resolved Question:

Hi, I'm looking for some advice for my brother. He is looking to divorce his wife and is worried about a few things. He works abroad and earns a decent salary, they have one child together and own there home with a small mortgage. He is worried that his wife will stop him seeing there child when he is home and that shell expect a ridiculous amount of money as maintance. Ideally he would like to have there child for the 4 weeks he is home on leave but he's not sure shell agree. He is also worried that shell make life difficult as she has previously made false accusations if harassment to the police the last time he tried to leave. This could effect his job. What are his options. Thanks
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 much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and how much do they each earn?
How old are is the child
Clare
Customer: replied 3 years ago.
Hi Clare,
The house is worth about 150k and I'm not sure but I think they owe about 30k... They don't have many other assets apart from there own cars (an 04 Astra and an 05 corsa) my brother has an army pension after serving 10 years. They have no debt as its all been paid off. My brother earns approx 6k a month working in Iraq and his wife is a nurse and earns approx 1800 a month. They have a son who is 13.
Expert:  Clare replied 3 years ago.
Hi
The law says that a child is entitled to contact with both parents and the courts will enforce this if necessary.
At 13 it is the wishes of the child which are likely to be decisive - but - it is hard to see how your brother's suggestion is likely to suit the needs of the child.
Your brother and his wife will need to discuss this using Family Mediation (www.familymediationhelpline.co.uk)
So far as child maintenance is concerned the rate is 12% of his GROSS income
There is a potential risk of spouse maintenance - but he could "buy" that out by offering her a larger share of the equity in the house when the child is 18
I hope that this is of assistance - please ask if you need further details
Clare
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