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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 727
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Ive just split with my wife. I have one daughter. I'm not

Customer Question

Hi, Ive just split with my wife. I have one daughter. I'm not on the mortgage as its my wifes house. I own my house seperatley. I have my own company my take home weekly pay is £1000. how much do I legally have to pay my wife monthly?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
In respect of maintenance for your child - the Child Maintenance Service has Jurisdiction. The amount you will have to pay will depend upon the income you receive. There will also be a reduction in respect of the amount of nights that your child spends with you. The CMS has a calculator on its website which will give you a guide calculation as to your liability. You can agree to pay privately rather than using the CMS although either of you could choose to refer to the CMS at a later date.
In relation to spousal maintenance the answer is not so clear cut and depends on many factors.
If either of you issued proceedings for divorce then a claim could be made for spousal maintenance. This is normally considered when one party's income is higher than the other. On an interim basis until the case is decided the maintenance should be reasonable.
On a long term basis and dealing with the matrimonial finances in earnest - it may be that maintenance is capitalised or offset against another asset.
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. Everything would be considered.
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. The length of the marriage will also be a factor.
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. The current court fee for this is £255.
It is important that no division 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.
You need to have obtained decree nisi in divorce proceedings before a court can make an order or approve a consent order. You will therefore have to commence divorce proceedings first - which you cannot issue until you you have been married for 1 year. The divorce petition forms can be obtained from www.hmcts.gov.uk
You should consider making a referral to a 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
Mediation can also help with interim arrangements if you are not ready to go through he full process yet. If this is the case then you should consider a separation agreementto record what is agreed.
You should also consider registering a Homes Right Notice against the matrimonial home - as this is currently only in your wife's name. Form HR1. No charge. Send to Land Registry.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
please kindly remember to rate positively - your question will not close and I can answer your follow up questions for free

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