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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 currently going through a breakup and when things get

Resolved Question:

I am currently going through a breakup and when things get difficult my wife keeps telling me she'll take me to court and if we go through the courts it will be me who loses out not her? I have technically committed adultery as we are still married and I have a new partner and I had left her because I didn't want to live with her anymore as I couldn't bare it.
I've given her everything and still pay for everything (mortgage, utility bills, council tax, her mobile phone, her life insurnace, etc) We have 2 children and this is where I am concerned.
We have a financial agreement which covers mortgage, all the bills and includes an extra £300 for general use, in total £1557 a month; the financial agreement is under the heading: 'Formal Agreement of Finances including and encompassing Child Maintenance Payments Between __________ and ________.' If this financial agreement wasn't in place I know that I would have to pay Child maintenance of around £855 a month but would I then still have to pay the bills and mortgage if it did go through the courts??
I have debt and have placed myself on a debt management plan to control my debt built up from when I was with my wife; I have a new partner and were trying to build a life together; we rent a room in a house and I cant start having my daughters until after a year because I have a new partner (under strict orders from my wife) by which time I need to have a place of my own so I can start having the girls at weekends.
I don't know where I stand and threats of court are affecting my life.
Can someone help and let me know what my rights are?
Yours Hopefully
Craig
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

happy to wait, thank you.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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 were you living together and how old are the children?
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare

In answer to your queries I respond as follows::



  • We lived together for nearly 14 years. Married since June 2007

  • We bought the house together in April 2004 and its now worth around £200,000.00

  • Mortgage outstanding is £169,000.00 approx; £20,000.00 is on repayment and the rest is currently on interest only. The mortgage is still in both our names which is fine.

  • Our Children are 2 and 5

  • I put myself on debt management when we split as I took out personal loans to extend the house, pay for family holidays; buy my wife a car, etc. I will be paying £503.00 a month for the next 7-8 yrs. Total Debt is in the region of £35,000.00

  • My basic salary is £65,000.00 a year with £6,600.00 a year for car allowance paid by my company to fund and use the Rio.

  • My wife has a VW golf which is paid for and I have a Kia Rio which I currently pay finance on which will last 5 years.


Hope this is enough information for you, if you need any more let me know.

Many thanks

Craig

Expert:  Clare replied 2 years ago.
Hi
One last piece of information - what income does your wife have?
Clare
Customer: replied 2 years ago.

Clare

My wife does not work presently to look after our children.

Other than the money I pay under our financial agreement she gets child benefit but not sure if she has since applied for any other benefits?

Hope this helps.

thanks

Craig

Expert:  Clare replied 2 years ago.
Hi Craig
In that case - what COULD she earn if she wished to?
Clare
Customer: replied 2 years ago.

That's a difficult one; before we had children when she worked full time as a call centre operative for a Housing Association she was earning around £19000 a year.

She has since completed a course as a teaching assistant however and would only be able to do part time to suit the children (and save paying for carers to look after them) so I would say up to £8000.00 a year, maybe more maybe less, depending on the job?

Craig

Expert:  Clare replied 2 years ago.
Hi
Thank you - that is helpful
As I believe you understand you will not be able to force a sale of the property until your ex cohabits or your youngest reaches 18.
You have made a good assessment of your liability for child maintenance.
There is also a liability for spouse maintenance given the considerable difference in your income - but it is not certain that that figure would be as high £700 a month.
However Spouse maintenance is needs based - with her reasonable needs balanced against her income from all sources - including benefits.
In this instance the £300 which is "extra" is unlikely to be awarded.
the Court views Contact and maintenance as entirely separate matters and her position on contact is unlikely to be supported by the court.
You shoudl offer to discuss matters with your ex using Family Mediation (www.familymediationhelpline.co.uk) to try and reach a more balanced agreement
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

What is classed as a 'reasonable need' for my wife?

Expert:  Clare replied 2 years ago.
Hi
That rather depends on whether you are Heather McCartney Mills or ***** *****
It is a matter of reasonable expenditure given your previous lifestyle
Clare

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