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Ask Clare Your Own Question
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 have been with my husband for 5 years and married for 3 years.

Resolved Question:

I have been with my husband for 5 years and married for 3 years. We live in his house.
We have no children together but I have two children from a previous marriage 17 & 18 years. They have both been living with us and I have received maintenance from my ex husband.
I have a house in my name that is rented. All income goes into our family pot.
I am employed by my husbands company and earn approx £18000 a year.
I am not happy in my marriage due to mental cruelty and wondered where I would stand financially if I left the relationship.
Thank you
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 are the two properties worth and what other assets are there
What income do you each have?
Clare
Customer: replied 2 years ago.
Hi Clare
I really do not need exact figures at the moment, I just need to know where I stand.
I would like a fair deal and just need to know I will be secure.
My husbands house (the house will live in) is worth £1000,000.00 with an outstanding £150,000.00 mortgage.
My house is woth £500,000.00 with an outstanding £130,000 interest only mortgage. This house is rented out at £1,500 per month , this money goes into our everyday living expenses
My husband owns his on business with his partner (don't know value) he employs me and pays £18,000 a year. He pays himself approx £90,000 a year a receives large dividends.
We have two cars both in my husbands name. My children have a car each one is in my name.
My husband has two sons, one is in full time employment the other is in his last year at university and is still financially reliant on us.
My two children are both in full time education. My eldest is now 18 and in his first year at university.
Please could you set down some options of where I would stand if I left my husband, so I can prepare myself for any eventuality.
I look forward to hearing from you.
Kind regards
Anna.
Expert:  Clare replied 2 years ago.
Hi
Yours is a relationship on the shorter side of medium length.
This means that whilst you have a clear claim on the matrimonial home it is not for 50% or anything close to that.
You have a property in your own name to which you could return in due course
The children are not relevant to the financial division.
There is a great disparity in your incomes which does entitle you to spouse maintenance - certainly at least while you retrain to enable you to support yourself.
I would expect that you would receive a lump sum sufficient to clear the mortgage on your property - possibly a little more.
You will also receive spouse maintenance for a period of time - although you may trade this for a larger lump sum settlement
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thanks Clare
Just one more question;
As you are aware I'm employed by my hsbands company, will he be able to sack me or will he have to still employ me?
Thanks
Anna
Expert:  Clare replied 2 years ago.
Hi
He is still bound by employment law - but your employment situation is one of your stronger coards for spouse maintenance
Clare
Customer: replied 2 years ago.
Ok, thank you. So it is not advisable to look for another job or re train untill the settlement has been agreed?
Thanks
Anna
Expert:  Clare replied 2 years ago.
Hi
That is difficult to judge - some forward planning would be wise - but not actual action!
Clare
Customer: replied 2 years ago.
Thank you
Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare
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