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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33543
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 husband wants to separate (nobody has done anything

Customer Question

Hi, my husband wants to separate (nobody has done anything especially wrong except for some common marriage problems). He has been asking me to move out of the house, but I have refused and also sent out my application for home right registration. I offered that we should both stay in the house, but he preferred to rent a place for himself instead. He threat that if I got to stay in the house, he was not going to provide me any financial support. I am currently a full time MSC student with no income, but will graduate this September. He is a university professor and his income is 7500 pounds/month before tax and pension, etc. while after is 4700 pounds. I have about 4000 pounds savings.
1. Can you please tell me if he needs to provide me monthly financial support in such situation?
2. How do I protect my interest from him trying to unreasonably spend savings or getting credit card debts? Do I need to file a legal separation?
3. Roughly how much am I entitled to get if we end up getting a divorce?
We met in September 2008 and got married in Aug. 2011. I am originally from China but I came to live with him in the UK in Oct. 2010 and after we got engaged in Jan. 2011, I went back to China to get my finance visa and came back again in May 2011. We have no children. I am 34 and he is 56. Our house should worth about 430k at the moment and the outstanding mortgage should be about 170k. The house is in my husband’s name and he has been paying about 1100 pounds/month for the mortgage. I don’t know how much he and the university have been paying for his pension but should be a fair amount. He shouldn’t have savings but has some ISA investment but he got it before we got married and I don’t know how much it is.
Thank you in advance and look forward to your reply.
Xiao
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.
How much will you be able to earn when you are qualified?
Clare
Customer: replied 1 year ago.

Hi Clare,

Thank you for your reply.

It depends on what job I can find really. Let's say 17k at first? However, I might have difficulty finding one or might be out of jobs from time to time. I really don't know about the future.

Xiao

Expert:  Clare replied 1 year ago.
Hi
How much would a one bedroom property in a reasonable area cost to buy?
Clare
Customer: replied 1 year ago.

I don't know. We are living in Warwick, but I guess if we do end up getting a divorce, I will have to move to Coventry. Probably a one bed would be around 70k?

Xiao

Expert:  Clare replied 1 year ago.
Hi
What assets do you have in China?
Clare
Customer: replied 1 year ago.

only about 2000pounds

Expert:  Clare replied 1 year ago.
Hi
The fact that yours is a short to medium length relationship means that whilst you do have a claim on the assets it will not amount to a claim for 50% of them - or anything close.
The fact that you left your home country to come here will be relevant - but so also will the fact that he has supported you during your studies and your relative ages.
It is almost certain that the court woudl award you a lump sum sufficient to purchase a modest property
You also have a claim for a pension sharing order relating to 50% of four years worth of his pension.
You could also be entitled to spouse maintenance for a limited time - possibly a year at most.
You shoudl offer to discuss a settlement with him using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Hi Clare,

Thank you very much for your reply! Can you please also tell me what would happen if he tried to get debts or spend large amount of savings during our separation? Do I need to file a legal separation to protect against such and would it help? Do people need to file a legal separation normally and what is it for? What can I do if he refused to support me during our separation? How much should I ask for support monthly if I stay in the house? Can I only get my entitlement for the assets after we have divorced?

Look forward to your reply.

Expert:  Clare replied 1 year ago.
Hi
There is ample equity in the property so the debt issue is not a major issue.
There is no such thing asa "legal Separation" - although you could use Family mediation to negotiate an agreement on Financial issues which can be turned into a Separation Agreement if there is not going to be an immediate divorce.
Assuming that he continues to pay the mortgage and other outgoings on the house then you cannot expect much more - and yes your claims are made within the financial side of divorce proceedings
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33543
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 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Dear Clare,

Regarding my financial settlement with my husband, previously you told me that 'It is almost certain that the court woudl award you a lump sum sufficient to purchase a modest property
You also have a claim for a pension sharing order relating to 50% of four years worth of his pension.'

Can you please clarify if the 'lump sum sufficient to purchase a modest property' is the amount that can pay off the whole cost of a property or just the amount of deposit? My husband said that though the house worthy 430k, the mortgage paid off is just about 270k. so if he has to give me sufficient to pay off a property then it almost means he needs to give me about 50% of his asset which is too much for a three and a half year marriage. He also kept saying upmost he can give me 27k for the house. (previously, I told you that a one bed flat would be about 70k, but after some checking, I think it should be around 120k)

For the pension 'You also have a claim for a pension sharing order relating to 50% of four years worth of his pension'. do you mean when he retires in 8 years' time, he will get about 3000pounds a month, so I can get 1500pounds a month for 4 years? My husband argued that he would rather have the court order 50% of what he has paid into the pension during our marriage to my pension a/c. as it is not fair to give me so much. or upmost I should get just 1/20 of the monthly pension until he dies.

His reason is that I am so much younger than him and I have plenty of time to work and build up pension and even get married again. But my arguement is that most jobs wouldn't have pension and even I get a steady job and have a pension,, it won't be very much.

Look forward to your reply.

Thanks

Below is our previous conversation








Hi, my husband wants to separate (nobody has done anything especially wrong except for some common marriage problems). He has been asking me to move out of the house, but I have refused and also sent out my application for home right registration. I offered that we should both stay in the house, but he preferred to rent a place for himself instead. He threat that if I got to stay in the house, he was not going to provide me any financial support. I am currently a full time MSC student with no income, but will graduate this September. He is a university professor and his income is 7500 pounds/month before tax and pension, etc. while after is 4700 pounds. I have about 4000 pounds savings.
1. Can you please tell me if he needs to provide me monthly financial support in such situation?
2. How do I protect my interest from him trying to unreasonably spend savings or getting credit card debts? Do I need to file a legal separation?
3. Roughly how much am I entitled to get if we end up getting a divorce?
We met in September 2008 and got married in Aug. 2011. I am originally from China but I came to live with him in the UK in Oct. 2010 and after we got engaged in Jan. 2011, I went back to China to get my finance visa and came back again in May 2011. We have no children. I am 34 and he is 56. Our house should worth about 430k at the moment and the outstanding mortgage should be about 170k. The house is in my husband’s name and he has been paying about 1100 pounds/month for the mortgage. I don’t know how much he and the university have been paying for his pension but should be a fair amount. He shouldn’t have savings but has some ISA investment but he got it before we got married and I don’t know how much it is.

Thank you in advance and look forward to your reply.

Xiao



















Picture












Your Expert needs more information


From Clare



07 April 2015 16:43EST




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 much will you be able to earn when you are qualified?
Clare




















You replied




08 April 2015 02:55EST





Hi Clare,



Thank you for your reply.



It depends on what job I can find really. Let's say 17k at first? However, I might have difficulty finding one or might be out of jobs from time to time. I really don't know about the future.



Xiao














Picture












Your Expert needs more information


From Clare



08 April 2015 03:40EST




Hi
How much would a one bedroom property in a reasonable area cost to buy?
Clare




















You replied




08 April 2015 04:14EST





I don't know. We are living in Warwick, but I guess if we do end up getting a divorce, I will have to move to Coventry. Probably a one bed would be around 70k?



Xiao














Picture












Your Expert needs more information


From Clare



08 April 2015 08:16EST




Hi
What assets do you have in China?
Clare




















You replied




08 April 2015 08:42EST





only about 2000pounds














Picture












You have received an Answer!


From Clare



08 April 2015 12:20EST




Hi
The fact that yours is a short to medium length relationship means that whilst you do have a claim on the assets it will not amount to a claim for 50% of them - or anything close.
The fact that you left your home country to come here will be relevant - but so also will the fact that he has supported you during your studies and your relative ages.
It is almost certain that the court woudl award you a lump sum sufficient to purchase a modest property
You also have a claim for a pension sharing order relating to 50% of four years worth of his pension.
You could also be entitled to spouse maintenance for a limited time - possibly a year at most.
You shoudl offer to discuss a settlement with him using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare




















You replied




08 April 2015 13:34EST





Hi Clare,



Thank you very much for your reply! Can you please also tell me what would happen if he tried to get debts or spend large amount of savings during our separation? Do I need to file a legal separation to protect against such and would it help? Do people need to file a legal separation normally and what is it for? What can I do if he refused to support me during our separation? How much should I ask for support monthly if I stay in the house? Can I only get my entitlement for the assets after we have divorced?



Look forward to your reply.














Picture












You have rated an Answer!


From Clare



08 April 2015 16:08EST




Hi
There is ample equity in the property so the debt issue is not a major issue.
There is no such thing asa "legal Separation" - although you could use Family mediation to negotiate an agreement on Financial issues which can be turned into a Separation Agreement if there is not going to be an immediate divorce.
Assuming that he continues to pay the mortgage and other outgoings on the house then you cannot expect much more - and yes your claims are made within the financial side of divorce proceedings
Clare



Expert:  Clare replied 1 year ago.
Hi
The fact that you would need £120,000 to purchase another property does change matters I am afraid - as does the fact that there is not as much equity in the property as you first thought.
When the equity was £250,000 or more then £70,000 was likely - with equity of £150,000 and with £70,000 NOT enough to rehouse you then it is less likely that you will get that much
I am afraid that your ex is accurate when it comes to how a Pension Sharing Order will work, although there is a possibility of accepting a larger capital sum instead of the pension share - and instead of the years worth of maintenance.
On that basis a settlement in the region of £40,000 to £50,000 could be likely in the event of a court application
Clare
Customer: replied 1 year ago.

Hi Clare,

Does equity mean mortgage paid off? If so, the mortgage paid off is 270k. Does it make it more possible to get 120k or 70k? Normally for our length of marriage, which is 3 and a half years (but we lived together for about half a year before that), what percentage of asset is reasonable to ask?

Will his pension built up count as his asset? He only needs to work another 8 years to get a pension of about 3000pounds/month.

For the pension share, is it true that I won't get it if I get married again?

For maintenance, what do you think is a reasonable length and how much can I get each month? Say, I get a job pays 17k per annum but also take into consideration that I might be out of job quite often.

I am sorry to ask so many questions.

Expert:  Clare replied 1 year ago.
Hi
Equity is what is left when the property is sold and the mortgage has been paid off.
Your claim is not in the pension when it is in payment - it is on half of the value added to his pension in the last four years - so it is very limited and would be best dealt with by way of having a little extra capital.
You are not likely to get Spouse maintenance for more than ONE year - likely to be between £400 and £600 a month at most
Clare
Customer: replied 1 year ago.

Thank you very much for your reply. I am currently staying in the house and he is in hotel but plan to rent a flat if I refused to move out. If we can't agree on the financial settlement and say I stay in the house for a few years until we get divorced and can finally settle our finance. Is it possible that the court then might say given I stay in a house that he has to pay so much in mortgage and other bills and he also needs to rent a place, he doesnt need to give me any capital sum at all or can I get the same amount as if I move out now?

Expert:  Clare replied 1 year ago.
Hi
It is not realistic to expect that he will pay the mortgage for any length of time and if you remain in the property in these circumstances it will certainly impact the settlement
Clare

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