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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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If the financial assets in a divorce are finalised with capital

Customer Question

If the financial assets in a divorce are finalised with capital shared and with spousal maintenance and child maintenance in place, and with everything signed, when would the parents of the husband be able to give him cash or a loan in order to buy a good property without upsetting the financial arrangements in place?
How can parents of a divorcing man help him financially? What time after the settlement should elapse before they give financial assistance, without problems? I am expecting there to be spousal maintenance and child maintenance.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Has the final financial order been sent to the court?
Clare
Customer: replied 1 year ago.
No. The divorce has not been started yet but we do not want our son to suffer any more than necessary financially as we are in a position to help. I know that any money given at the wrong time would affect the outcome of the settlement but I do not know what the right time is if spousal maintenance is involved. I understand that spousal maintenance is assessed by need, and available income but would a lump sum given to my son after things have been signed affect the outcome?
I understand that we can buy a car and allow him to borrow it without causing difficulties.
Customer: replied 1 year ago.
No, he us in the very early stages of things and we should like to know how best to help without our family assets going to the other side.
Expert:  Clare replied 1 year ago.
Hi
May I ask have you "loaned" money to the couple in the past?
Clare
Customer: replied 1 year ago.
No, no money has been loaned.
Expert:  Clare replied 1 year ago.
Hi
Is it likely that his ex and the children would remain in the current property?
Clare
Customer: replied 1 year ago.
I do not think so. They also have a flat and I am expecting that both will be sold so that each parent can have a decent propert in which to live. The flat is not in a good area of London and the house is too big for two people. One parent living in a grotty flat with the other in a lovely house would not be acceptable.
Expert:  Clare replied 1 year ago.
Hi
So would your aim be to provide capital to help your son buy a reasonable property?
Clare
Customer: replied 1 year ago.
That is what I should like but I would not want an influx of capital from us to affect the division of assets nor be a trigger to raise any spousal maintenance. I cannot think a clean break settlement will be likely because there is a child. I know that child maintenance is fixed but I wonder if spousal maintenance can be affected by influx of capital, or does it reflect the need of the recipient only taking into account the money available from salary. In other words I am asking if we could give him a lump sum if spousal maintenance is being paid without there being a request for more maintenance without any grounds for its need. Would such a request get through in court,or is it need that counts?
Expert:  Clare replied 1 year ago.
HI
What income do they each have?
Clare
Customer: replied 1 year ago.
My son is earning £70000 but he wants to reduce the stress level and go to a lower salary perhaps. My daughter in law has not worked for Six months as they both chose for her to look after their son for a year or two at which point she would go back to work, this time a part-time job. She currently owns the flat for tax reasons and receives an income of £10000, half of it going on its mortgage. While they are separated, if they do split, I expect she would go on getting this rent and supplement it with benefits which I believe are quite considerable. I do not know who would be paying the mortgage on the house. Fiats in this city are expensive to rent and for my son to have a two bedroom flat, so as to accommodate his son on his visits his outgoings would be considerable..
Expert:  Clare replied 1 year ago.
Hi
What is the equity in the two properties and how much would a two bedroom property in the same school area cost to buy?
Clare

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