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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33500
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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MY HUSBAND HAS MOVED OUT OF OUR HOME AFTER 20 YEARS OF MARRIAGE,

Resolved Question:

MY HUSBAND HAS MOVED OUT OF OUR HOME AFTER 20 YEARS OF MARRIAGE, HE IS NOT GIVING ME ANY HOUSEKEEPING I HAVE NOT WORKED FOR 20 YEARS SHOULD HE BE HELPING ME?
WE HAVE 3 CHILDREN AT HOME 16, 19,20
WE HAVE A BUSINESS I AM LEGALLY A PARTNER IN THE BUSINESS BUT GET NO MONEY OUT OF IT
HE IS OFFERING TO PAY THE HOUSE OFF AND PUT IT IN MY NAME BUT WANTS ME TO SPLIT IT WITH THE CHILDREN IF I SELL.
HE HAS BEEN SEEING SOMEONE ELSE FOR A NUMBER OF YEARS BUT HAS TOLD HIS SOLICITOR WE WANT A DIVORCE BY MUTUAL AGREEMENT
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 much is the property worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare,

the house has a mortgage of £85000, which he took to buy a property in Greece, he has sold this but left the money in Greece because of exchange rates.

we have commercial property worth £160000 paid for.

Cash of approx. £30000 all of this is in his name, I am a partner in the business turnover £100000 per annum, I sign accounts etc but have never had a separate income or profit payment just a weekly housekeeping amount from my husband

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth?
Clare
Customer: replied 2 years ago.

house worth £180000, he is offering to pay mortgage and put house in my name, I think I should have half income from business to live on, my 16 year old is going to college should he help support him?

Expert:  Clare replied 2 years ago.
Hi
How much doe she have in Greece and what is the business worth?
Clare
Customer: replied 2 years ago.

My husband has 120000 euros in Greece I don't know what the business is worth, sorry

Expert:  Clare replied 2 years ago.
Hi
What type of business is it?
Clare
Customer: replied 2 years ago.

it is a catering business

Expert:  Clare replied 2 years ago.
Hi
Is he paying the bills at the moment?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
Is your 19 year old still in education
Clare
Customer: replied 2 years ago.

yes at university

Expert:  Clare replied 2 years ago.
Hi
Your ex should be paying child maintenance as 12% of his Gross Income.
Since you have no income you should also have Spouse Maintenance
The starting point for division of all the assets is 50/50 - so giving you the house mortgage free is reasonable IF you also get spouse maintenance from the business.
You should offer to discuss finances with him using Family mediation - for which legal Aid is still available
Please ask if you need further details
Clare
Customer: replied 2 years ago.

when I get the paperwork from my husband, is it acceptable to respond by saying I will agree to divorce on mutual consent providing the following conditions are met,

12% gross maintenance for Josh (16)

spouse maintenance at 50% business income ( how long would this be for?)

House signed over mortgage free.

Is there anything else I should ask for.

thanks

Customer: replied 2 years ago.

Can I just ask one more question in relation to your reply - when I get the paperwork from my husband, is it acceptable to respond by saying I will agree to divorce on mutual consent providing the following conditions are met,

12% gross maintenance for Josh (16)

spouse maintenance at 50% business income ( how long would this be for?)

House signed over mortgage free.

Is there anything else I should ask for.

thanks







Customer: replied 2 years ago.

Clare, I have asked just one more question, if it is not possible for you to answer please let me know and I will then rate to finish I have not done this because I was waiting for your reply

thanks

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
These divorce and the finances are separate issues.
You shoudl arrange to attend Family mediation as soon as possible so that you can get a clear picture of the financial position.
With regard to the Child maintenance this should be being paid now - if your ex will not do so then you should make an immediate application to the CMS (new CSA)
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33500
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 3 other Family Law Specialists are ready to help you

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