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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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 have asked my wife for a divorce after 3 years of separation when

Customer Question

Hi
I have asked my wife for a divorce after 3 years of separation
when she left me she worked full time and was obviously more than able to cope on her own
I met my new partner and she returned to the marital home forcing me to leave although I have paid the mortgage to keep a roof over my kids heads (the youngest is 21) since returning to the home I don't believe she has worked full time, through her choice and is claiming she can't pay the bills etc etc
she is refusing to divorce me without me signing all of the house over to her and is also claiming she should have 20% of me and my new partners income, this will financially finish us off and leave us homeless - is she right?
Submitted: 2 years ago.
Category: Family Law
Expert:  familylawexpert replied 2 years ago.
Hello,
My name is ***** ***** I can help with your question.
First, let me say that your wife is wrong in a number of ways, including that she won't get any of your new partner's income.
Can you tell me:
- how long you were married?
- roughly how much the house is worth (incl. mortgage)?
- whether you have any significant other assets?
- how much you and your new partner earn?
- how much your wife earns?
Thanks
Mac.
Customer: replied 2 years ago.

Hi Mac

we were married 27 years ago but seperated 3 years ago when she left

zoopla value the house at 96k with 17k outstanding on mortgage

no other assests

i earn approx 33k and my partner 18k

she is very secretive about her income she says its 900 a month but I think she now only works part time whereas when we were together she also did some self employed work to increase her income. I do know that she keeps going off work sick blaming her type 2 diabeties, blood pressure and depression. I know it sounds awful but these illnesses are caused by her weight (approx 25 stone)

my new partner also has type 1 diabetes and blood pressure but manages to work

I seems unfair that shes taking an easy option while we work day and night

Devon

Expert:  familylawexpert replied 2 years ago.
Hello Devon,
After that length of marriage, I expect that the house would be sold and the net proceeds divided equally.
In terms of income, it is possible that she might receive some maintenance from you, but a Court would want proper information about her earning capacity (rather than just some vague assertions from her).
Your partner's income is not vulnerable to your wife's claims, so it would only be part of yours. I suspect that the worst case scenario would be you paying up to £500, and the best case nothing at all - so that is the possible bracket.
A few more questions:
How old are you (and how old is your wife)?
When are you intending to retire?
In what part of the UK do you (and she) live?
What did she earn when you separated?
M.
Customer: replied 2 years ago.

Hi

I am 52 and Julie is 51

I work as a gas engineer so I would expect that by around 60 the job would become too demanding

I live in Dudley

Again she always had control of the finances so apart from knowing she could afford to support herself and run a car when she left I honestly haven't got a clue

Could I ask? How do they work out maintenance? All I have left from my wages is 500.00 and thats for food etc

Would she get maintenance for life? as she does already have a new partner who I believe stops at my house regularly

Thanks

Dev

Expert:  familylawexpert replied 2 years ago.
Hello Devon,
Thanks for that. Can I just check one thing and then I'll be able to give you a detailed answer - can you confirm your take-home pay each month?
Thanks
Mac.
Customer: replied 2 years ago.

its approx 2000 but 450 of that is overtime

Dev

Expert:  familylawexpert replied 2 years ago.
Thanks.
The Court would look at each of your ability to earn, and your income needs. After a long marriage, there is more of an enphasis on meeting those 'reasonable' needs, but equally she will be expected to earn as much as she reasonably can.
The difference between your net pay (assuming the house is sold and divided equally) may be around £500, or less if she can actually earn more.
As I said, I think the worst case is £500 / month, a realistic outcome might be £200/month and best case nothing. In any event, I would expect the order to be fixed to end on your 60th birthday, if that is a realistic date for your retirement.
In negotiating with her, I'd start with offering half the house and no maintenance. However, to avoid Court you might be prepared ultimately to agree to give her an extra bit of capital now, in exchange for a total clean break (dismissal of all claims) - I would suggest it would be worth paying her up to c.£15k from your share of the house to achieve that clean break - but obviously don't offer that straight away, or in anything more than very slow increases.
You should suggest mediation, and if that doesn't work, get on and issue your financial application. This is not going to get any easier if you leave it for longer, and she's living in a house to which you're entitled to half - and she'll only be forced to leave it if the Court makes an order (or its sold by agreement).
I hope that is helpful.
Regards,
Mac.
Customer: replied 2 years ago.

Hi

You know you say the difference between our net pay may be 500.00? surely if I pay that to her she would then be better off than me?

Will my financal needs be taken into consideration too. I have a car loan, van loan and 2 credit cards to pay which cost me £800 a month before I start contributing to bills where I am living. The mortgage there alone is £760.00 a month

If this is the case should I declare myself bankrupt now as I can see it being where I end up?

Dev

Expert:  familylawexpert replied 2 years ago.
Sorry for not being clear, I meant that half the difference between your incomes might be about £500.
You will know your income and outgoings better than me. If you look at your monthly take-home pay, deduct any loan repayments (like the one you mentioned) you are left with a figure.
I have ignored the mortgage for comparison with her, as I would also want to ignore any mortgage repayments for her. Basically you'll be in the same boat.
If you take roughly half the difference between that figure (take-home less debt repayments) and her income (of say £1,000) a month, then that is broadly the top of what you might have to pay. You'll probably do better than that anyway (as I say).
.
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
Do either you or your ex have private or occupational pensions?
How much does a one bedroomed property in the same general area as the matrimonial home cost to buy?
Clare

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