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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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I am in the process of getting divorced from my wife. and

Customer Question

I am in the process of getting divorced from my wife.
and we are trying to reach a financial agreement without working with lawyers, however she has gone off a spoken to a lawyer...so i need some advice.
When i left 3 years ago the agreement was I would pay her £1500.00 per month and I would give her the house which is valued a £200k with no mortgage.
She doesnt and has never worked, we have two kids and I have two (additional) kids with my new partner.
One of the children I have with my wife is autistic and she is a paid carer, but she can attend mainstreem school.
my wife is asking for:
All the house
50% of my pension
£1500 per month indexed to RPI
and an insurance policy to be put in place to pay £1500 per month years in a lump sum!
She has also stated that the monthly payment will decrease to £1000 per month when our oldest daughter leaves university (she is currently 15!) but I pay £1000 a month until i retire
If I go via the legal route will I really have to pay her so much?
my current salary is £125k per year (gross) with a bonus that last year was about £30k (gross) but the bonus is not guaranteed. My salary three years ago when I left her was only £85k with a £20k bonus (all gross)
What do I really have to pay?
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.
What qualifications does your ex have?
How old is the younger child?
Clare
Customer: replied 1 year ago.
my wife is a graduate. Although never really worked full time. She worked in retail as a shop assistant when she was young.
The age of the second child I have with my wife is 8. She is the one with autism.
Regards
Neil
Expert:  Clare replied 1 year ago.

How old are you both?
Clare
Customer: replied 1 year ago.
I am 43 and she is 40
Expert:  Clare replied 1 year ago.

What other capital assets are there?
Clare
Customer: replied 1 year ago.
I have an idea,
Instead of asking me one question at a time and the whole process taking a month why don't you list the questions you have?
There are no other assets apart from the pension and house.
Expert:  Clare replied 1 year ago.

I am sorry that you find the process drawn out - it is a matter of avoiding asking multiple irrelevant questions.
In fact at present you are paying very little "spouse maintenance" - most of your payment is the basic CMS child maintenance figure (unless of course you have the children on a 50/50 basis)
Certainly your ex has a claim maintenance given the difference in your incomes - but not on a life long basis unless your ex can prove that she gave up her own potentially lucrative career to support yours.
More realistic would be maintenance limited number of years to allow her to retrain career of her choice
The fact that your child is Autistic doe snot materially effect this given that the child is able to function in main stream education.
I appreciate that this is not a definitive answer to the issue - because there is not one - but you can certainly get a better deal in court than the one put forward by your ex
Please ask if you need further details
Clare
On top of this the fact that you have gifted her half of the equity has to be taken into account - either to exclude a claim maintenance altogether or to keep it time limited OR as a reflection of the needs of your Autistic child

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