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Ask Clare Your Own Question
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 Clare, I have been married for 13years and separated for

Resolved Question:

Hi Clare, I have been married for 13years and separated for 4 years. I have three young children below 11yrs years. My husband recently asked for divorced. I am receiving benefits and he tells me he needs a divorce in order to protect his assets. He does not want a situation where I will come to lay claim on his assets. He is offering to change ownership of the car he bought to me and give me a monthly income of £200 as long as I agree without going to court. Please what is the best way of handling this?
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.
What assets are there and what income do you each have?
Clare
Customer: replied 3 years ago.
I am currently not working, he is a cab driver. On a good day he can earn £250 or more a day. He has a house in Liverpool which he claims he has sold. And a house which he owns with his sister is about to be sold. And I think this is the main reason for saying he wants out because he wants to acquire another property with this. Remember am not living with him so there might be a lot he is hiding away from me.
Expert:  Clare replied 3 years ago.
Hi
Who owns the former matrimonial home?
How much child maintenance does he pay?
Clare
Customer: replied 3 years ago.

I have been living in a rented house. and the former matrimonial home was rented. He pays £100 every month towards child maintenance.

Expert:  Clare replied 3 years ago.
Hi
Have you applied through the CSA at all?
Clare
Customer: replied 3 years ago.

No I havent


 

Expert:  Clare replied 3 years ago.
Hi
May I ask why not?
Clare
Customer: replied 3 years ago.

Hi Clare I just spoke CSA and based on what they are say they can only work out child maintenance from his gross weekly income as stated in his tax return. But I know he earns more. Is there a way to subpoena him make available his actual earnings?

Expert:  Clare replied 3 years ago.
Hi
But it is still a great deal more that he is paying you
The starting point for the division of the assets is 50/50 and the priority for the court is the safe and secure housing of the children - so if there is enough to buy a house for you to live in with them then that is what you will get
You are also entitled to proper child maintenance and possibly spouse maintenance
You should offer to discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) and make sure that you get a fair settlement for you and the children
Please ask if you need further details
Clare
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