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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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 and I have had a tumultuous relationship and things

Customer Question

My wife and I have had a tumultuous relationship and things have come to a fore. I am assuming it will be under Unreasonable Behaviour but just need to know what is at risk.
We met in 2003 and had our first child in Dec 2005. At the time I already had a two bed flat which I is still owned by mortgage in my name. We moved from that property in September 2007 to another property again mortgaged. This was wholly funded by myself and again in my name only.
We formally got married in June 2010 in Kenya under UK Law.
In May 2011 we had our second child.
Proportionally most bills are met by myself. Having been a Bank worker paying higher tax rate years, since July 2013 I have been Contracting in the City and had mixed use. My freelance accounts will show c£85k, My wife is a Pharmacist and earns about £35 k. I am currently in between contracts. I would like to know what is at risk regarding the 1st and 2nd properties. As regards ***** ***** maintenance ability to pay will have to be considered as we both have debts and some small savings on my side which would net out to flat. Assets property 1 Mtg £175k Mkt Val £350k Prop 2 £235k and Mkt Val £335k No real big ticket items beond those except household and childcare, couple of mid value cars..£5-7K each. Just some pointers really helpful.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you question.

I will do my best to help you but I need some further information first.
How will the care of the children be shared between you?
What pension provision do you each have?
Clare
Customer: replied 1 year ago.

Clare

The childcare is as yet undetermined, as my wife works full time it is likely we will have to somehow extend our current Childminder resources and work around our schedules. I am currently in between contracts so am shouldering 40% of the care and am seeking 50% of the costs from my wife. But when both at work the cost girls is £1400/m FT.

Pension Provision. I have reminded my wife on numerous occasions but do not believe she has anything in place. I have several company ones in place and am in the process of finding the final position. But you can work with £55K from 4 different employers.

I would probably have to leave the Marital home I understand.

Regards

Expert:  Clare replied 1 year ago.

I am afraid that the fact that it was the matrimonial home at one point means that the first property undoubtedly forms part of the matrimonial assets between you
It is however likely that the court would reflect the fact that you brought the assets to the marriage by giving you the first property and your ex the second
This is of course only a rough guide - you may in fact get a share of the second property as well - but the fact that there are two young children involved makes it less likely
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Clare

To confirm, despite the fact we were never actually got married at the first property but cohabited and had a child it is part of the pool? We left in 2007 and got married in 2010. We met in 2003.

You had asked about Pensions but made no comment, just broad indications of course.

That being the case I should ask her to shoulder more responsibility because there is no advantage to me carrying the weight and risks just to have it taken away or give it up if i reach my natural breaking point?

Regards

KO.

Expert:  Clare replied 1 year ago.

My apologies you are correct I did not deal with the pensions,!
Given that your pension is in fact modest I would expect you to keep it intact.
I am afraid that my view on the property remains unchanged
Clare

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