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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2309
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I live in France but work in the UK, I share custody with my

Resolved Question:

I live in France but work in the UK, I share custody with my 3 children aged, 17, 15 and 12 with my ex. I've sat down with my ex several times to discuss a financial arrangement and she keeps going back on it.
Can someone tell me how much per month I'm entitled to pay her? She has a job now although I don't know how much she earns but she refuses to work as a nurse here which is her trade and has worked here as a nurse in the past.
I work in the UK for three weeks then come back to France for three and have my children for the full time when home. I earn £64000 peer year.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm if your 17 year old is in higher education / an approved training course.
If he/she is then your liability for child maintenance, based on a gross income of £64,000 a year, no other children in your care and on average the children staying with you 175 nights or more is £87 per week.
If your 17 year old is not in higher education / an approved training course then your liability will be £76 per week.
Please rate positively if you found this information helpful.
Customer: replied 1 year ago.
I know how much maintenance that I need to pay but she is telling me her solicitor said I should be supporting her also
Expert:  Harris replied 1 year ago.
Are you or were you married to her?
Customer: replied 1 year ago.
yes we're still married but trying to sort out the decri Nisi. All my children are in full time education.
Customer: replied 1 year ago.
We've been separated for 2 and half years.
Customer: replied 1 year ago.
I'm 49 years old and she is 45, she also wants a claim on my pensions, one of which was attained before we were married or had children.
Expert:  Harris replied 1 year ago.
Thanks for confirming. Both of you are entitled to pursue an application for financial relief arising out of the marriage. Financial relief can take the form of spousal maintenance, lump sum payments, transfer of assets, sharing of pensions and a host of other options available to the court. As part of negotiations or court proceedings both of you will need to disclose to the other full and frank financial details so that each of your positions are clear, so that once a divorce has been granted both of you can maintain the same standard of living as enjoyed during the marriage.
The decree nisi/decree absolute does not end your rights, or your wife's rights to make this claim and only a court order or remarriage will end the ability to pursue a claim.
In relation to the pension, it will be difficult for her to claim what you had accumulated before the marriage, but she will have a right to claim what has been accumulated during the marriage.
The factors that the court will look at when making a decision are:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
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Customer: replied 1 year ago.
We've already split the proceeds of the house 55% to her and 45% to me. I was under the impression after that was concluded all I would need to pay for was my children. I'm nearly 50 years old and would like to get onto the house market but have no idea what else the courts may award her and am worried about it,
Expert:  Harris replied 1 year ago.
Unless that split of the proceeds was reflected in a court order which also stated that there was to be a clean break after it has been implemented, then she will be able to make a claim in relation to your pension, spousal maintenance, and any other assets.
When looking at the spousal maintenance issue, the court will need to see that she is making efforts to maximise her own earning capacity, and in any event the courts attempt to prevent there being indefinite spousal maintenance provision.
Regarding the pension, if she has no capacity to raise her own pension which will provide a meaningful retirement income, then she has merit to pursue a pension sharing order.
Customer: replied 1 year ago.
It wasn't it was an arrangement between both of us. There was very little left over from the sale of the house. All that's left is the money I make on a monthly basis. Why can she have a claim to any of that as I'm already fulfilling my child support responsibility and then some.
Expert:  Harris replied 1 year ago.
The child maintenance is only in relation to your obligations to support the children. Spousal maintenance is separate to this and is in relation to support towards your spouse - which arises out of the marriage. Both of you have a right to make a claim against the other for financial relief.
Customer: replied 1 year ago.
But that still doesn't answer the question of how much she is likely to get per month from me and for how long!!!!
Expert:  Harris replied 1 year ago.
That question cannot be answered without first obtaining full details of her income, outgoings and needs as well as details of your fully income, outgoings and needs. I know you have provided details of income for yourself, but you will need to obtain details from her.
If all of this is being done through voluntary negotiations with her solicitors, then you should propose that you both exchange Forms E (here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-e-eng.pdf) together with the required financial documentation to prove the positions. This disclosure from both of you is required to assess if there is any provision for you to support her, or vice versa.
Customer: replied 1 year ago.
I'm not really any further forward, I've provided the information to her solicitor and am awaiting her reply.
Expert:  Clare replied 1 year ago.
HiJust to check - the divorce did happen in the UK?What does your ex actually earn?Clare
Customer: replied 1 year ago.
I said in a previous email that I didn't know but don't think it's more than 1000 Euros per month and the family allowance is about 500 which I said she could have. I have my kids for half the time and also give her £800 plus half for their school meals, mobile phones, clothes etc but she never seems satisfied. I was given some bad legal advice and was told that she could choose to either divorce in the UK or France, we had initially agreed to France but my wife went back to the UK and started proceedings from there, I've since been told that we should be divorcing in France as we've been here for ten years and have no assets in the UK. I sought other legal advice but by the time they tried to block the Decri Nisi the judge want happy that it had been contested at the 11th hour and stood it over for a further hearing. I sat down with my wife and seemed to have sorted things out so withdrew my case as we had an agreement and I trusred her. Then she keeps going back on it. I'm not a rich man, all I've got is my salary every month and just want to get myself back on track.
Expert:  Harris replied 1 year ago.
In relation to the English courts would need to be satisfied that your wife is habitually residence or domiciled in England and Wales and therefore they have jurisdiction to deal with this.
Regarding the finances, there is quite a disparity between your incomes and the court will deem it appropriate for you to provide spousal maintenance in order for her to provide for her reasonable needs as it does not appear that the capital would have discharged your liability for spousal maintenance, so you will need to request details of her outgoings and see what is reasonable. Spousal maintenance should be limited in time, and you need to obtain details of what her income would be if she worked as a nurse and obtain undertakings from her that she will apply for such positions to maximise her earning potential, and once her income increases, your spousal maintenance to decrease and eventually be discharged once she is able to meet her reasonable needs herself.
I would suggest that your child maintenance be limited to what is calculated by CMS (above) and anything other financial support to be as part of spousal maintenance, however I would suggest that this be done under a consent order so that it is formalised. Child maintenance can continue as per CMS immediately, and spousal maintenance once a consent order is approved by the court.
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Please rate positively if you found this helpful.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2309
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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