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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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My wife is taking me to court as were divorced and she

Resolved Question:

HI
My wife is taking me to court as were divorced and she wants more money , im cuurently paying her mortgage which is About £1000/month and also £1500 in spousal and child maintenance, i didnt want to go to court ,as its very expensive and ive got to the point where i have depleted most of my funds , the next hearing is a FDR hearing and i dont have the capital left to pay for the barrister.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen was the Decree Absolute and what income do you have?
Customer: replied 1 year ago.
January 2015, and Net around £78000 per year. Thank you.
Customer: replied 1 year ago.
January 2015 and around £78000/ year .
Expert:  Clare replied 1 year ago.
Just to check - as yet there has been no final financial order?What capital assets are there?
Customer: replied 1 year ago.
House I bought her , ££165000 mortgage and business dental value £175000
Expert:  Clare replied 1 year ago.
How much is the house worth?What settlement is she looking for?
Customer: replied 1 year ago.
House is worth £220 000 . There's a spousal maintenance order of £1500 inc child support of £536 , she wants half the business when it sells.
Thsnks
Expert:  Clare replied 1 year ago.
So the maintenance is paid under an Interim Order?
Customer: replied 1 year ago.
Yes.
Expert:  Clare replied 1 year ago.
What is her earning capacity and what is your housing position?
Customer: replied 1 year ago.
She did a beautician course and has a room at home where she wants to work from, I live with my girlfriend,her boyfriend lives there as well .
Expert:  Clare replied 1 year ago.
Who owns the house you live in?What income does her partner have?
Customer: replied 1 year ago.
My girlfriend,owns it and according to her he earns more money in one month than I do in a year , but apparently he doesn't live there and don't have money,same old same old ..
Expert:  Clare replied 1 year ago.
Can you prove he does live there?
Customer: replied 1 year ago.
They admitted to two days a week.
Expert:  Clare replied 1 year ago.
But can you prove it is more than that?
Customer: replied 1 year ago.

Hired a PI in past but he was useless. Not sure.

Expert:  Clare replied 1 year ago.
Does the boyfriend have his own property?
Customer: replied 1 year ago.
Not as far as I know, he seems to be a con artist.
Expert:  Clare replied 1 year ago.
That is your first step - get an Enquiry Agent to find out if he does have another address - if he does not then that will help you prove that he is livim with her and that will reduce her capital settlement AND her entitlement to spouse maintenanceHow much will you earn if the business is sold - I assume it is the source of your income?
Customer: replied 1 year ago.
He uses multiple addresses, looked into it, I will do locum work,income could initially drop by 50%.
Expert:  Clare replied 1 year ago.
Do you actually plan to sell the business or is she forcing you to do so?
Customer: replied 1 year ago.
I plan to sell it for the minimum so she can't get a penny.
Expert:  Clare replied 1 year ago.
You do realise that going that will in fact mean yo lose more than she does = so again to you actively WANT to see up at this stage?
Customer: replied 1 year ago.
I need to because of my debt , I've spent £30000 on solicitor fees so far , can't afford to anymore.
Expert:  Clare replied 1 year ago.
Are there any debts attached to the business?
Customer: replied 1 year ago.
£77000.
Expert:  Clare replied 1 year ago.
So there is equity in the property of £55,000 and in the business is £100,000What capital did you each bring to the marriage?
Customer: replied 1 year ago.
Only if the business sells for £180000 which it won't.
Expert:  Clare replied 1 year ago.
Well we can always hope since it would be to your benefit!What capital did you each bring to the marriage?
Customer: replied 1 year ago.
I've paid for everything, she didn't. Very little capital was brought to the marriage.
Expert:  Clare replied 1 year ago.
The fact that all the assets were acquired within the marriage means that the starting point for division of all the assets is 50/50 but the court has the power to alter that if they consider it fair and just to do so
Your ex will certainly get to keep the Matrimonial home and you will have to remain on the mortgage until your youngest is 18 or your ex cohabits.
This leaves the business.
She certainly is not entitled to half of the proceeds of sale - account will be taken of the £55K she has in the house - so the worst case scenario is that she receives a lump sum of £22,500.
Given that she is already cohabiting at least 2 days a week this should be sufficient to end Spouse maintenance especially if she does get that lump sum
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thank you, ***** ***** more thing , it's not the marital home, that was sold and I bought a five bedroom house under the understanding that she was going to rent two rooms out to students to up her income and one was changed to a beauty room that she is using for business.
Expert:  Clare replied 1 year ago.
In that case it makes it even more likely that there will be no spouse maintenance
Customer: replied 1 year ago.
The problem she's denying ever saying that,the reason I bought the house at the time is also cause she said if I buy the house I won't have to pay maintenance,that's changed as well,she's already getting spousal maintenance as per court order.
Expert:  Clare replied 1 year ago.
At the moment the payments are for the interim until matters are sorted and this will change when the final order is made
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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