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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1086
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife and i are breaking up our marriage. We have 2

Resolved Question:

Hi,
My wife and i are breaking up our marriage. We have 2 children 14 and 12, the eldest is in private education. As the male, what are my obligations to my family financially. in particular, if i move out the house would i be obliged to contribute to the houseld keep?
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
It doesn't really depend upon you being male as to your liability to assist with supporting your wife and children but more to do with your children's needs and your means and earning capacity.
If you was to leave - then in the short term if you are going to leave the matrimonial home then you should seek to agree maintenance with your wife so that she can manage.
If your are looking to also deal with matters in the long term then 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 wife need to exchange full details of all assets 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 etc.
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. 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.
Your wife can ask for maintenance on a long term basis and the court will consider factors such as the future care of children and any disparity in earning capacity.
Kind Regards
Caroline
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