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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 looking to get some advice based on northern ireland

Customer Question

hi i am looking to get some advice based on northern ireland to my rights, entitlements etc on drawing up a separation agreement with my ex husband?
Thanks,Jennifer
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 would you like to know?
Clare
Customer: replied 1 year ago.
Basically what my entitlements are to maintenance for myself, my two kids, what I can ask for with regard to his pensions and to the marital homeI left him two years ago on the 8th June 2013. We share 50//50 custody of the kids, aged 15 and 11 . Expenses for the kids such as clothes etc come out of a joint account we have just for the kids.There is just the family home of which I want 50% of the value of it less the current mortgage.Cars,other bank accounts and personal belongings we sorted out between ourselves when I left in June 2013.kind regards. Jennifer
Expert:  Clare replied 1 year ago.
Hi
How much is the house worth and how much is outstanding on the mortgage.
What is your current accommodation position?
What pensions do you each have?
Clare
Customer: replied 1 year ago.
House was valued about nine months ago at £155000 and app mortgage is £43000.I am now living in rented accommodation with my new partner.I have one pension which hadn't been made into for years. I don't have the final value of it on me at the minute.He has two pensions- one current one and an old one which has not been paid into since 2001.Jennifer
Expert:  Clare replied 1 year ago.
Hi
How much does a cheaper three bedroom property in the same school area cost to buy
Clare
Customer: replied 1 year ago.
From about £110000 to £135000
Expert:  Clare replied 1 year ago.
Hi
If you have a live in partner then you are not entitled to spouse maintenance; and if the care of the children is shared equally there is no question of Child maintenance either.
You are entitled to 50% of the equity in the matrimonial home although you may struggle to force a sale before the youngest child is 18 unless your ex also cohabits.
You are certainly also entitled to a Pension Sharing Order in respect of half of the pensions that accrued during your marriage - and he has a similar claim on yours.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Hi Clare,With regard to the pension sharing order can you explain to me how that works? He ex husband has offered me basically one of his pensions which he says is basically a 30 %share of his total pensions.Can you clarify the maintenance issue for the children as going by the CSA webiste it would seem that I may be able to claim approx £35 to £40 child maintenance from him>Thanks,
Jennifer
Expert:  Clare replied 1 year ago.
Hi
A pension Sharing Order means that the pensions funds are equalised by the fund in his name being transferred into your name
If the care of the children is shared equally between you in terms of nights then you can no longer claim child maintenance
Clare

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