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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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Hi, I split with my wife in May this year and am wondering

Customer Question

Hi,
I split with my wife in May this year and am wondering if I need some form of letter to confirm our seperation.
I am living in a flat with my eldest son and my two younger sons are still living in the house with their mother.
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.
Which part of the Uk are you in?
Have you agreed the financial issues at all?
Clare
Customer: replied 3 years ago.

Hi Clare,

I currently live in Welwyn Garden City, Hertfordshire.

No we have not agreed any financial issues except I am currently paying the bills and giving my wife £120 for shopping every week.

Panikos

Expert:  Clare replied 3 years ago.
Hi
May I ask how old the children are and how much you earn gross each month?
Clare
Customer: replied 3 years ago.
The two boys living at home are 16 and 8 and I earn aproximatley £2300, depending if I get any overtime.
Expert:  Clare replied 3 years ago.
Hi
How much are you paying out on the bills?
How old is the child living with you?
Clare
Customer: replied 3 years ago.

I made an error with my gross pay and gave you my monthly take home pay.

I am paying approximatley 1100 for bills and shopping.

My son living with me is 21

Expert:  Clare replied 3 years ago.
HI
What is your gross monthly pay?
Clare
Customer: replied 3 years ago.
I average between 3000 and 3200 per month
Expert:  Clare replied 3 years ago.
Hi
How much does your ex earn - and do you realise you are overpaying at present?
Clare
Customer: replied 3 years ago.

My ex is only working part time at my youngest sons school but I don't know how much she earns.

I do realise I am paying too much but am not sure what I have to pay and at the same time do not want my kids to go without

Expert:  Clare replied 3 years ago.
Hi
May I ask how much the house is worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
The house is worth aproximatley 450000 and has no mortgage on it.
Can I ask if there is a way of recognising the seperation.
I am in a little debt but have had bad credit against me and am waiting to get it removed from my credit score in approximatley two years.
I just want to get the seperation logged in some way so I can try and move forward
Expert:  Clare replied 3 years ago.
Hi
How was the purchase of that house funded - and are you happy to for her to remain there for now?
Clare
Customer: replied 3 years ago.
The house was bought with money from the sale of our previous house.
There was a mortgage on it until my late father paid off the remainig mortgage. I am happy for her to stay there because of my children but i just cannot afford to pay all the bills for that house and were i am now living.
It leaves very little to live on because of my debts.
Expert:  Clare replied 3 years ago.
Hi
Your Child maintenance liability is 16% of your GROSS income (at most) - less if the children spend more than 52 nights a year with you
From that money and her own income from all sources your ex should be paying all the bills.
It is possible that there may be a liability for spouse maintenance - but even with that it would be substantially less than you are paying at the moment
You should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) - and also discuss what should happen to the property when your youngest child is 18
Please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for helping me with this, it has been very helpful and informative but the first qestion I asked was do I need some form of letter or document to show that we have seperated since May of this year?
Please can you answer this.
Expert:  Clare replied 3 years ago.
Hi
No there is no such requirement - all you need is evidence that you have been living elsewhere (rent book lease etc) - and even that is unlikely to be asked for
Clare
Customer: replied 3 years ago.
Thank you
Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well for you
Clare