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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife is now out the family home due to unreasonable behaviour,

Resolved Question:

My wife is now out the family home due to unreasonable behaviour, alcohol problems and running up debts. I have subsequently found evidence of at least one affair in 2011 and inappropriate contact with other men from 2009 onwards.
I stay in the family home which has not much equity with my daughter 16 who attends college and I support financially & my son 19 who is earning but does not contribute to household bills (low wage).
There are considerable debts and we have a debt management program which in the main has been paid by me.
What can I expect in regards ***** ***** settlement.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
What other assets do you or her have? What is your income and monthly outgoings, and what are hers?
As a starting point the court will look at a 50-50 split of all assets and liabilities, and if you are unable to meet your needs then spousal maintenance is considered. The court will consider the following criteria when deciding on making or approving a financial order:
The criteria considered is:
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.
Separate from the financial relief matter, if your daughter is studying for A-Levels, or is on an approved goverment training course, you can seek child maintenance through the child maintenance service who will calculate your wife's liability based on her gross income. More information on that is here: http://www.cmoptions.org/en/other-arrangements/statutory-service.asp
Please let me know if you have any further questions regarding this.
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