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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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 have been married years. My wife who is from India

Resolved Question:

Hi I have been married for 3 years. My wife who is from India got her ILR in Dec 2014. She went straight to India in Jan 2015 and was away for 5 weeks in total (2 weeks at her sisters house). She came back to our house for a week in Feb before falsley accusing me of domestic violence. I have been bailed pending further enquiries. I also suffered a massive heart attack in Oct 2014 and rec'd a 100k payout in Jan 2015 and the wife left a month after. Now she has filed for divorce and put a charge on my house. I have been totally cheated. Shes not paid a penny towards any bills. I owned my house long before i met her.I am working part time and I guess will do for a while. My question is what is she entitled to and also is she entitled to my critical insurance payout?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there?
How old are you both and what income do you each have?
Clare
Customer: replied 2 years ago.

How worth 280K APPROX

outstanding about £165k

I am 44

She is 29

I am working part time 3 days a week

Full time salary 48k

She was earning £800 A month

But purposely has left her jobs.

Customer: replied 2 years ago.

No other assets

Expert:  Clare replied 2 years ago.
Hi
What was the Critical illness pay out used for?
Clare
Customer: replied 2 years ago.

Hi I only rec'd the payout on the 15th Jan and she left me on the 15th Feb

I have invested the money for a year as I have around 20k in loans and was hoping to use some of the interest to use to pay towards the loans.

Expert:  Clare replied 2 years ago.
Hi
So in addition to the house you have £80,000 net capital - is that correct?
Where is your ex living at the moment?
Clare
Customer: replied 2 years ago.

Yes that's correct. She is living with her sister in Warwick.

Expert:  Clare replied 2 years ago.
Hi
What was her housing position prior to marrying you?
Clare
Customer: replied 2 years ago.

She was living at her sisters

Expert:  Clare replied 2 years ago.
Hi
Is that in the Uk or in India?
Has she indicated what she will be asking for?
Clare
Customer: replied 2 years ago.

No here in the UK Warwick. No indication yet as to what she wants.

Expert:  Clare replied 2 years ago.
Hi
It is a bad news/good news situation I am afraid.
Realistically she is entitled to a financial settlement base don your three year marriage.
On the plus side the shortness of the relationship means that her claim is limited - with a figure between £20,000 and £30,000 possible.
You need to offer to discuss this with her using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

many thanks. even though i am working part time? and that money is supposed to be for me (critical insurance).

as i will never get another job in the city.she made made no contributions whatesover i have over a 1000 shopping receipts.

Expert:  Clare replied 2 years ago.
Hi
I am sorry but such receipts are not of any use.
The settlement figure I have suggested reflects the fact that you have the money - but do not need to share it.
Clare
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