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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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 am married and and I am divorcing my wife. I have a partner

Customer Question

I am married and and I am divorcing my wife. I have a partner and we have one young son. She is now pregnant. What impact will this have on the divorce ? Specifically, I consider that on divorce I will now need a 3 bedroom property in anticipation of the new child. Is this correct ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 did you live with your ex and did you have children together?
What assets and debts are there?
Clare
Customer: replied 2 years ago.

I lived with my ex for 17 years and we have 19 year old daughter. The only asset is house with around 200,000 pounds equity. Debts around 30,000 each.

Ron

Expert:  Clare replied 2 years ago.
Hi
What income do you and your ex each have?
Why do you think your housing needs are relevant?
Clare
Customer: replied 2 years ago.

Court advised assets will be divided on basis of needs only. I believe I need 3 bed house (2 dependant children) and she needs a 2 bed house. Is this true ?

My income around 55k and hers around 40k

Ron

Expert:  Clare replied 2 years ago.
Hi
What was the basis for the Court giving that guidance - was it at the FDR?
Clare
Customer: replied 2 years ago.

Yes.

Customer: replied 2 years ago.
Relist: Incomplete answer.
Waiting for ages and no answer
Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
What mortgage capacity do you each have and what did you and your ex each ask for at the last hearing?
Did the Judge say why 50/50 would not be a reasonable starting point?
Clare
Customer: replied 2 years ago.

My mortgage capacity is greater than hers (mine 165K hers 100K).

Judge wants to give her 80%.

Really need to know if for my situation (partner pregnancy not known by judge) whether I will be deemed to need 3 bed house.

Customer: replied 2 years ago.

Please could you arrange refund of my fee for this question. To date you have not provided an answer and I have had to find an answer elsewhere.

Expert:  Clare replied 2 years ago.

Hi

Frankly your housing needs are not likely to be a major issue and two small children will be held to be able to share a room for many years - so no I am afraid it is not relevant

However I cannot see how a 80% share to her is justified given that your joint child is over 18

Unless there is a major imbalance in your pensions or incomes a 50/50 share - or 60/40 in her favour would seem more than adequate

If the issue is her actual ability to purchase an alternative home then look into shared ownership schemes she is eligible for

Clare

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