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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 726
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I am married now separated with a mortgage and two dependant

Customer Question

hi i am married now separated with a mortgage and two dependant children .
i currently am living in house with the children. He does not want to sell the house or buy me out of it, where do i stand with this.
Also he is currently paying the mortgage 750 per month and not paying any child maintenance
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
Please may I ask are you considering divorcing and dealing with the issue of matrimonial finances?
Kind Regards
Caroline
Customer: replied 1 year ago.

Yes I am considering both

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
In relation to divorce - you can choose to divorce for 1 of 5 grounds: Adultery, Unreasonable Behaviour, Desertion, 5 years separation without consent or 2 years separation with consent. Unreasonable Behaviour is most commonly used - you will need to detail 6/7 reasons why you can no longer remain married to your husband. This type of petition can still be amicable - you can use reasons such as 'didn't pay me enough attention.' Please note that if your husband does choose to contest any of your reasons then you would have to prove the same.
The current divorce petition fee is £410. You will need to send your marriage certificate to the court with your application. You can obtain the form you need from
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115
The courts have a fee remission scheme. If you fill out Form Ex160 with your application then you may be eligible for a fee remission/ reduction.
Once your petition has been lodged at the court then your husband should acknowledge receipt within 7 days. If he confirms that he does not seek to defend the divorce then you can apply for decree nisi. Once this has been pronounced - you wait 6 weeks and 1 day and then you can apply for decree absolute.
If your husband doesn't acknowledge your divorce petition - then you will need to have him personally served with the court papers. The court bailiff service can do this for £110. You may find a process server near you whom may do this cheaper.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. Everything is included in disclosure.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future.
Once you have obtained decree absolute then your divorce is finalised and you are free to remarry.
You should consider making an application to the Child Maintenance Service for maintenance for your children. They have a useful calculator in their website.
If your husband stops paying maintenance to you during this process then you should consider making an application to the Court for Maintenance Pending Suit so you can continue to manage to pay the bills whilst matters are being finalised.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
Customer: replied 1 year ago.

Hi what am I entitled too with regards ***** ***** and household bills eg mortgage?

He is self employed but brings home roughly around £3000 per month

he is currently paying £750 for the mortgage is that enough? I'm unsure

kind regards

Expert:  ukfamilysolicitor replied 1 year ago.
A
Expert:  ukfamilysolicitor replied 1 year ago.
Sorry phone playing up! What is your income ? Kind regards
Customer: replied 1 year ago.

Hi my last annual income on my p60 was £16500

Expert:  ukfamilysolicitor replied 1 year ago.
Any other income? Tax credits - child benefit
Kind Regards
Caroline
Customer: replied 1 year ago.

Tax credits £330 per month

child benifit £170 per month

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your patience - busy day.
On an interim basis the current payment seems relative as this puts you up to around £2.5k per month. If you do struggle and he won't agree to more than you could apply to Court for Maintenance Pending Suit to help you on an interim basis with costs of house and child care etc.
You should look to referring matters to mediation to start settling matters on a long term basis.
Kind Regards
Caroline
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