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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1751
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife & I have separated .She is living with her parents

Customer Question

My wife & I have separated .She is living with her parents with our 3 children under7. I am still in our rented home .My income gross is £70000. How much financial support do I have to give to her.She is looking fr work but doesn't want to stay with parents. Do I have to find home for her?
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. Just a bit more information required: -are you in England or Wales?-how long have you been married?-what will the arrangements be for the children? How many nights a week will they stay overnight with you on average?-what assets and liabilities do you both have?-
Customer: replied 9 months ago.
We have been married 7 yrs.Bought house in England but have rented that for past 4 years as I have worked abroad.I am at present in the States& will be for foreseeable future. We are in the process of selling the uk property The equity is yet to be split It was in joint names & we shared the deposit payment equally. Do I have to buy or rent property for them to live in.She does not want to live permanently with parents who live in England.Do we split equity of our house 50. 50. I am unable to visit children more than once every 2-3 moths .She is happy re me seeing them & encurages them to speak on phone We have no other assets & no liabilities.At present I give her £1250 a month for children.She wants to work but then nursery cigs for youngest? SFull time she might earn up to £30000?
Expert:  Harris replied 9 months ago.
Thanks for confirming. Given that there are properties in the UK that you have an interest in, a court will likely deem it appropriate that this be used to accommodate her and the children. The court's first priority when approving a financial settlement as part of a divorce, or making an order is the needs of the children which will include housing. The court will then consider the needs of both of you and decide how assets should be split to provide a fair settlement. Given that she will have the main care of the children, a court is likely to decide that her needs are higher and that she should be entitled to a greater share of assets. The starting point for the court is a 50-50 split of all assets, and then decide whether to depart from this equal split based on the following factors: 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;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;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;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;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 (e.g. a right to your husband’s pensions).Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Harris replied 9 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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