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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 841
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife is divorcing me - I have no assets, ie, house etc,

Customer Question

my wife is divorcing me - I have no assets, ie, house etc, we have no dependant children, what right has she got to attach part of my earnings?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist
Please may I ask:
- how long have you been married?
- what is the earning capacity for both of you?
- any other assets? Pensions? Savings? Etc
Kind Regards
Caroline
Customer: replied 1 year ago.
We have been married 37 yearsI am currently self employed but had no great income for several months, living on cash sums from pensions cashed in earlier this year.
I also draw £950 per month from private pensions
I may have some income in the future but no guarantee. My wife works full time drawing roughly £1000 per month - in addition she gets Woking Tax Credit and Housing Benefit
We have no other assets- I am still living in our rented accommodation - my wife has a flat provided for by the local housing association
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your message.
It is my understanding from your message that your wife actually has a bigger monthly income than you - would you agree?
Kind Regards
Caroline
Customer: replied 1 year ago.
I calculate my monthly income to be £2000 per month based on spreading lump sum payments made sporadically through the year
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
Taking into account your wife's wages, housing benefits and tax credits - how much would you say she is less than 2k a month?
Kind Regards
Caroline
Customer: replied 1 year ago.
£600 approx
Customer: replied 1 year ago.
I also forgot to mention that we have joint debts of around £13k which I have agreed to pay
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for qualifying that for me.
Using the old rule of a 3rd - your wife could seek spousal maintenance of around £200 per month.
Since there are no assets - what you need to be proposing is a clean break order. This is where you both go your own separate ways in respect of the finances and neither of you can make a claim against the other in the future.
Best to discuss such an option with your wife and if this can be agreed instruct a Solicitor to prepare such an order for you which gets submitted to the court when you apply for decree absolute. A solicitor would charge about £200-300 for this and the court fee is £50.
If your wife agrees then she won't be able to claim spousal maintenance in the future. If your wife is seeking maintenance - refer the matter to mediation so that you can agree a figure that you can both manage on.
Please don't hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Expert:  ukfamilysolicitor replied 1 year ago.
Just seen your extra message
On this basis - your wife might agree to a clean break so it's worth proposing and if she agrees get the consent order prepared so it prevents a future claim
Kind Regards
Caroline
Customer: replied 1 year ago.
So if I offered half my monthly pension which would be around 450 that would be acceptable?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If your taking on the debt the your wife simply might not pursue spousal maintenance - if she does the offer of £450 is more than generous given that the disparity in income is not that much between you. You could offer less.
Kind Regards
Caroline
Customer: replied 1 year ago.
I just need to be clearAre you saying because of the debts I can seek a clean break and not pay monthly maintenance?
Customer: replied 1 year ago.
OK thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The disparity isn't that large in respect of your incomes and if your wife will accept a clean break then I do not consider that a court would see this as unfair given that there are no other assets and that you are taking on the debt.
If your wife does pursue spousal maintenance then given what you have said about your income you would probably have to pay circa £200 a month. There is no exact calculation - this is based on need.
Best to propose a clean break to your wife on the basis that you will take on the debt and see if she agrees.
Does that clarity?
Kind Regards
Caroline
ukfamilysolicitor and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Please don't hesitate to ask if I can help you further
Kind Regards
Caroline

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