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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
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 wife has had an affair and left the family home leaving

Resolved Question:

My wife has had an affair and left the family home leaving me with 3 teenage sons (one adult but suffering from ADHD, one child autistic). The house is mortgaged for £125,000, valued at £130,000 so not much money there.
She has decided she wants half my pensions.
As she is in breach of the marriage contract is she entitled?
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.
What pension provision do you each have?
What income for you each have?
How old are the children?
Clare
Customer: replied 2 years ago.

Hi,

She has no pensions but is living with her new man. I have 3 pensions' the first has a valuation of £86,109, the second £39,019 and the third £18,498

She has signed on for jobseekers allowance, I earn basic £23,750 pa and can do regular overtime. I also get DLA for the eldest and youngest children, child tax credit for two children, child benefit for two children and £7 per week child maintenance from my wife.

The children still at home are 19, (unemployed, has ADHD and Dyspraxia leading to major confidence issues, likely to stay with me for many years yet) 16 (in full time education) and 14 (likely to live with me and need me as a carer indefinitely).

Expert:  Clare replied 2 years ago.
Hi
Is she named on the mortgage?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 2 years ago.
Hi
What settlement has she actually asked for?
Clare
Customer: replied 2 years ago.

She is claiming she is entitled to half the pensions and half of any profit on the house. She wants to use this information to negotiate a deal for money now/in the near future rather than wait for pensions to mature.

Expert:  Clare replied 2 years ago.
Hi
She is correct she does indeed have a claim on the equity in the property with a starting point of 50/50 and also a claim on 50% of the part of your pension that accrued whilst you were married.
From what you has said there is little equity in the house and it will be needed for some time as a home for your children - on that basis if you could obtain her release from the mortgage you can ask for it to be transferred into your name
On that basis her only viable claim is in respect of your pensions - which would be likely to be dealt with by
way of a Pension Sharing Order - where an agreed percentage is transferred into her name as a pension for herself.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33510
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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