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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 853
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Need to check I am not missing anything daft here that im

Customer Question

hi need to check I am not missing anything daft here that im owed. Split 2 years. 2 children under 12. Husband not paying anything towards the marital joint owned home - I pay all bills and mortgage. I receive 350 maintenance a month I guess he is on around 342 grand a year. Originally he didn't help with the house as wouldn't have been able to afford a flat but now shares with a paying partner.i still have to work part time and pay childcare.He haS THE CHILDREN 2 EVENINGS ONLY.
There is £100 equity in the house and he has £120 IN A PENSION.
If I asked for a divorce asking him to sign the house over to me and ill leave his pension alone is this fair, or am I loosing out? Would it be worth him fighting this. I don't want a costly divorce.
I put £60,000 into the property when my parents died 6 YEARS AGO BUT GUESS IVE LOST THIS! Also should the property be split 60/40.
Ideally I want to divorce with an offer whereby he wont fight it as he could loose more but whereby im not giving up all my rights.
I want a divorce he will agree to not fight, I don't really want to leave my home.
Please advise thankyou
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 you.
Please may I ask:
- how long have you been married?
- is your husbands earning capacity 342k a year? or was that a typo?
- what is your earning capacity?
- was it £120k in your husbands pension?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,Been married 10 years split 2
Approx £42,000 earingsI work school hours because of the children and pay before and after school club My earnings are £13,000
Yes £120,000 IN HIS PENSION.I don't want to ask for an offset so i can keep the house but then him say no u have to leave and sell, also enforce that I get a pension trickle after retairment age
Customer: replied 1 year ago.
should he be paying towards the roof over the childrens heads
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I think that you are being more than fair by asking offering that you keep the house and your husband keeps his pension.
In reality - this means that you are asking for less than 50% of the assets - when in reality a court would likely order that you get more of the assets (about 60 - 70% 0f the total assets) because your earning capacity is far less than your husbands and your are also the one who is looking after the children.
In reality this means that a court would likely order that you keep the house and have a share of your husbands pension. Due to the disparity in your income - a court would also likely order that your husband pay spousal maintenance to you.
The first step that I would advise you to consider is to refer this matter to Family Mediation. Family mediation will help you both try and agree division. There are lots of family mediation services and there will be one local to you. Just google Family Mediation in your area and give them a call to get the ball rolling.
If agreement can be reached at mediation - then you can submit a consent order to the court in the terms you have agreed. Once this is sealed by the court it becomes legally binding - which protects you both from a future claim against the other.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Sorry jusrt seen your extra post.
The short answer is Yes.
First step in respect of child maintenance - is look to referring to the Child Maintenance Service. They have a useful calculator on their website so you know he is paying the correct maintenance.
Secondly - you should be arguing for more than 50% of the matrimonial assets (somewhere between 10 - 20 % more ) as you are caring for the kids.
Thirdly - you should consider spousal maintenance on an ongoing basis.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
THnaks what is the difference between child maintenance and spousal maintenance. Whats the most you think I could ask for without starting a war thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Spousal maintenance is for you. Child maintenance is for the children.
I really do not think that you should be starting at less than 60% of the total matrimonial assets.
Best to get this to mediation so they can help with the process.
Kind Regards
Caroline
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Customer: replied 1 year ago.
thankyou xxx
Expert:  ukfamilysolicitor replied 1 year ago.
your very welcome :)
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi caroline should the pension also be a 60/40 split? would I def get knocked back on a 70/30 split on house and pension. thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You need to look at the assets as a whole and argue at least a 60% share.
If you want to keep the house and there is 100k equity there, and in the pension there is a 120k - then you need to be looking a percentage share that brings your total of the assets up to at least 60%.
Keeping the house would give you scope to also argue for say 20% of his pension - to bring you to about 60% overall (roughly).
Kind Regards
Caroline

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