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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
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 will have been separated from my wife years on March

Resolved Question:

I will have been separated from my wife for 2 years on March 15th 2015.
Intention is now to seek a financial agreement and divorce as we get past the 2years.
During this time we agreed that I would remain in the family home paying the mortgage reduced to interest only and also pay the rent on my wife's apartment. Please advise if there is any financial significance to the 2 years for me regarding having set precedent that may disadvantage me. My concern would be that having paid the rent for my wife for the last two years ,that as we go past two years that in some way I have demonstrated that she should be entitled to the rent equivalent from me going forwards in addition to her share from the house.
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.
What income do you each have and are there any children involved?
Clare
Customer: replied 1 year ago.

Hi Clare

My salary £63000 my wife's I think circa £26000. Children are 19 and 21 no dependants

Thinking about my salary detail it is actually £25000 salary and the rest of my income is dividend looking, back over last 5 years has been typically a total £63000.

Many thanks

Regards

Paul

Expert:  Clare replied 1 year ago.
Hi
What are the capital assets worth?
May I ask why there has not been a sale of the Matrimonial home?
Clare
Customer: replied 1 year ago.

Hi

After mortgage cleared total net asset £300k.

Each with individual pension value (to confirm ) circa £100k

Agreed to maintain family home whilst youngest son finished A levels providing I continued to pay mortgage on interest only £350 / month and the rent for an apartment for my wife £850 having bought all that she needed beds TVs etc to set up - I have also continued to pay our joint life insurances that remain in place and other bits still paying her dental plan, intention always been to divorce after 2 years by agreement.

Regards

Paul

Expert:  Clare replied 1 year ago.
Hi
Do not worry - you have not committed yourself to anything irrevocably by agreeing to the arrangements made for the last two years.
The difference in your incomes is not sufficient to definitely trigger spouse maintenance, so once she has received her share of the equity in the Matrimonial Home there is no reason why you should keep paying her Rent
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you

Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
Clare

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