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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1194
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My wife and I are on the verge of divorce, we live together

Customer Question

My wife and I are on the verge of divorce, we live together but have been separated for 4 years married for 17 years we have 5 year old twins. I am the sole owner of the house ( the house was bought when we were married) and want to sell, she does not, I have said that I would give her half of any money from the sale of the property. I do not have any other assets or anywhere else to live so I would like to use the money to rent and eventually buy. There is considerable equity in this property.
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:
- what is the value of the equity in your property?
- any other assets for both of you? including pensions?
Kind Regards
Caroline
Customer: replied 1 year ago.
House has £250 000 equity
we are currently on benifts
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
What would you estimate the price of a 2 bedroom property to be in your area?
Kind Regards
Caroline
Customer: replied 1 year ago.
175 000 - 200 000
Customer: replied 1 year ago.
am I still online
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If either your wife of your self decided to issue for divorce - then either of you could also make a claim in respect of the matrimonial finances.
There is a set process for dealing with the matrimonial finances and the first stage is whereby full and frank disclosure is exchanged between you and your husband in respect of all of the matrimonial assets. Everything is included in disclosure including all assets and liabilities. Given what you stated - as the matrimonial home is the main asset - the disclosure isn't going to be to difficult.
With such a long marriage as yours - then the starting point for the division of assets is 50/50. The Matrimonial causes act sets out factors which could lead to a departure of this rule. Examples are; the earning capacity for both of you for the future, future health needs, who will do the lions share of child care etc etc. Say for example if your wife was going to be the main carer for your children then be prepared for her to argue that her share of the equity should be larger say 60%.
If it is your intention to seek to sell the matrimonial home and your wife wont agree then you would first have to issue divorce proceedings.
The next step would be to refer your case to Family Mediation. Family Mediation is essential - as you have to refer to Mediation before you can make an application to the court otherwise the court will reject your application.
Family Mediation will try and assist you and wife in respect of disclosure and negotiation about division. If matters can be agreed at mediation then it is essential that a Consent Order is prepared to confirm what has been agreed. This consent would be then be submitted to the court at the same time as applying for decree absolute in divorce proceedings. Once approved by the court - it becomes legally binding. If this step is not taken then it is still possible for a party to seek a settlement in the future, even years down the line.
If matters cant be agreed at mediation then the matter would have to be made the court. The court would make the final decision. The court considers the housing needs of the children are paramount. Given the amount of equity it is still likely that the court will consider that the children's housing needs will be met by the property be sold so that you can both downsize.
Please do not hesitate to ask if I can clarify anything for you
Kind regards
Caroline
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Customer: replied 1 year ago.
After the divorce would I still have to live in the area where the property is or could I live in the north of England where house prices are cheaper, would I loose any rights to my children if I did this. I would only leave to gain employment for my uncles firm.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
What would be your proposals for seeing your children. Are you thinking weekends / holidays?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes, weekends and holidays possibly more if I could get it , but not to disrupt their school of course
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Do you see any issues with your wife agreeing to this?
Kind Regards
Caroline
Customer: replied 1 year ago.
She may be difficult because the children do go to lots of clubs at weekends, and although she has taken them abroad without me, she would not let me do this unless she could come. I would like to take them to spain or america when my fiancés are better
Customer: replied 1 year ago.
some issues
Customer: replied 1 year ago.
My main issue is if I moved 100+ miles away would I loose any rights to have my children at weekend or holidays or do I have to live closer to the area
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I am sorry to hear this.
There is no law that stops you moving up north. You do not give up any parental rights by moving.
The difficulties are the practicalities of when contact will take place as you become restricted to weekends and holidays. This is however not surmountable as it is the view of the court that children are entitled to have a relationship with of their parents as long as it is safe for them to do so.
Realistically - sharing the childrens holidays would be approved by the courts. I imagine that with the weekends the mother might say that the childrens clubs are important and that your children might tired for school on the Monday if they have spent a few hours travelling. If such arguments are raised then it helps to be inventive - Perhaps you could stay local on your weekends? children could then go to their clubs or say once a month at yours if it is a long travel? Regular indirect contact would also be important say skype? calls?
If the mother wont agree a schedule with you - then you would have to apply to mediation to see if they can assist with a schedule and if that doesnt work you can make an application to court for a child arrangement order to confirm the time you spend with your children.
In respect of taking your children abroad - the courts consider that children will enjoy a holiday abroad and that they should not be unreasonably denied such opportunities. If the mother wont agree - then you can apply to a family court for permission to take the children abroad and the court will often deal with such a case very quickly, sometimes in just a few days from initially contacting the court - if a holiday is booked and one person with parental responsibility decides to withdraw their permission.
Please do not hesitate to ask if I can assist you further.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Thank you for your help...
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome.
Please do not hesitate to ask if I can assist you further.
Thank you for using Just Answer
Kind Regards
Caroline