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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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The marriage of our daughter and her husband is in great danger

Resolved Question:

The marriage of our daughter and her husband is in great danger and instead of going directly through a procedure of divorce they opt for a separation, hoping to give them a chance.
Our daughter will stay in their house with their two children and her husband will rent an apartment .
What should they do to arrange the practical things of the day to day life: expenses, mortgage, financial support for the children, ... ? (he earns twice as much as she does)
How to proceed ?
Do they need a solicitor to settle that for them ?
How much will it cost ?

Thank you for your help.
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.
Do they feel able to discuss these issues with each other - or is that likely to increase the problems between them?
Clare
Customer: replied 3 years ago.

Hi,


 


They started discussing it and opted for a separation of 2 years. Now they try to get an agreement on the practical consequences during that period but it shows very difficult and do not know how to proceed.


Our son in law because he earns more than our daughter (2500 against 1200) wants to keep its money considering because he will have to rent it is up to his wife to continue to pay the mortgage (about 500) (she will stay in their home with their two chidren) and the bills of the house. He wil give some money for the kids (400-500 ?).


How to formalise an agreement. ? Contract to sign ? Between them only or with the intervention of a solicitor ? Cost ?

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
How old are the children?
What other assets and debts are there?
Clare
Customer: replied 3 years ago.

(follow)

concerning payment of the mortgage and costs related to the house (elecrticity, gaz ...), what is usually done ? What is normally up to the party keeping the house during the separation ?


 


Optional Information:
Province/Country relating to question : England

Already Tried:
Sorry, but I don't understand what that means and also I don't understand the item "Your News feed";

Customer: replied 3 years ago.

I don't know exactly but the house was bought at about 250.000 and the remaining mortgage should be about 50.000.


The children are 14 & 8.


Other assets ? a car (paid) and a second car recently bought by him (mortgage about 12.000).


No others debts.


Thanks

Expert:  Clare replied 3 years ago.
Hi
He will have to pay child maintenance - the basic rate is 16% of his GROSS income - less if he has the children overnight more than 52 nights a year
In addition since he earns so much more than your daughter he will also have to pay some limited spouse maintenance - one option could be for him to continue to pay half of the mortgage - especially as of course he will eventually benefit from the sale proceeds
If they are not able to discuss this in details then they can use family mediation (www.familymediationhelpline.co.uk) to help them reach an agreement
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi,



Do you mean that, if he will continue to pay half of the mortage (=250) he won't have to paid any spouse maintenance or that if he gives her directly a sum equivalent as spouse maintenance he won't have to participate formally to the mortgage ?


Is this fair ?


Contributing to the payment of the mortage is a shared contractual obligation and giving a spouse maintenance is an other kind of obligation, an additional one, seems to me. Am I wrong ?


 


More, if our daughter gets some social aids (child benefit ...) should he be entitled to take this into account for the calculation of a spouse maintenance, reducing the amount to be given normally, because of the diference of their salaries ?


Expert:  Clare replied 3 years ago.
Hi
i am indeed afraid that he will pay spouse maintenance or towards the mortgage - not both
I am afraid that Spouse maintenance is a means based calculation - so her income from all sources is relevant
If he is not living in the property then the court does not expect him to pay the mortgage for it - if he does then that will count a spouse maintenance
Clare
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