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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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Ive recently split from my wife due to me suspecting she's

Customer Question

Ive recently split from my wife due to me suspecting she's been having an affair, she's suggested a pay off of £30,000 to walk away. If I have this in writing can she in the future attemp to gain more finance from me? And do I need to get the separation in writing from a solicitor?
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 long have you lived together and are there any children involved
What assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.
We've lived together for 12 years and have 2 children, we both are named on our mortgage. I want to buy her out of the house, currently there is around 98k equity in the property and we have combined debts of around 36k, she earns 12k pa and I earn around 49k depending on bonus, my actual salary is 33k pa
Expert:  Clare replied 2 years ago.
Hi
How old are the children and who will they stay with?
Clare
Customer: replied 2 years ago.
They are 6 and 3 years old, they will stay with her for most of the time. I will pay £650. A month maintainance and contribute to other things like school trips ect.... As well as the 30k
Expert:  Clare replied 2 years ago.
Hi
Is she going to be moving in with a new partner?
Is it likely that there will be an immediate divorce?
What were the debts for and whose name are they in?
Clare
Customer: replied 2 years ago.
I don't know for sure if she's moving in with anyone as she still denies any affair, divorce hasn't been mentioned only separation. We have 4 loans equating to about 32k two of which are in my name and two in hers. One is for her car, and other for baling overdrafts. Mine are for home improvements and car ect...
Expert:  Clare replied 2 years ago.
Hi
Has she told you how she will accommodate the children then - is she planning on a private rental?
(this is very relevant to the question)
Clare
Customer: replied 2 years ago.
I don't know as she's not telling me, but I would guess she is because she wants to keep my children in catchment for school.
Customer: replied 2 years ago.
Now she's retracked her 30 k pay off and is saying nothing, I think she's maybe seeking legal advice?
Expert:  Clare replied 2 years ago.
Hi
The fact is that she would get much more than £30,000 if the Courts became involved - and could even get to stay in the house until she cohabits or your youngest child is 18
If she does make the same offer you need to be aware that the only way that you can be certain that she cannot make a further claim is if there is a final financial order made within divorce proceedings.
A separation agreement is helpful provided you both have separate legal advice - but it is not a certainty
I hope that that this is of assistance - please ask if you need further details
Clare

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