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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have many problem with my wife and would like to take

Resolved Question:

Hi,
I have many problem with my wife and would like to take divorce but before that I would like to make sure she will not get big sum of money from me. I bought house last year with my income but in deed we have both name. I am normal working man working as self employee in IT. I also have one child which is 2 month old. My wife on maternity leave and working as supervisor in coffee company. What step I should take now so she will not get less amount from me.
Thank you,
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required: -How long have you been married?-How much is the home worth, and how much mortgage is outstanding?-Do you have any other children together, if so what are their ages?-What other assets and liabilities do you both have?
Customer: replied 1 year ago.

Hi,

Thank you for your response.

1) 7 years

2) I paid 455000, Mortgage : 410000, Mortgage outstanding : 405,948.75

3) No

4) None together

Thank you,

Expert:  Harris replied 1 year ago.
What about assets and liabilities in each of your names?
Customer: replied 1 year ago.

All bills and payments I made from my account. Any salary which she received I transfer in my account and then paid outstanding bills and mortgage. No other assets on my or my wife name. All liabilities I paid

Expert:  Harris replied 1 year ago.
Thank you for confirming Is your wife the mother of the 2 month old child? Who is currently living in the matrimonial home?
Customer: replied 1 year ago.

Yes. Me, my wife and my child

Expert:  Harris replied 1 year ago.
Thanks for confirming. If you were to pursue a divorce now, she will have a good case to pursue an application for financial relief, which will include spousal maintenance and housing. The court's priority will be the needs of your child and that he is suitably accommodated. Given that your wife is on maternity leave, her current needs will also be high and she can pursue to stay in the house and for you to provide them support. The court can also make an order for your wife and son (if she remains his main carer), to stay in the property until he reaches a certain age, such as finishing education and thereafter for the property to be sold and for the equity to be divided between you.The court looks at the criteria below when deciding how to divide assets and make financial orders, with a starting point of a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. 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.If you found this information helpful please provide a positive rating as I will not be credited with answering your question without one. Thank you
Customer: replied 1 year ago.

Yes I can understand that but how we can prevent some of them before pursue divorce that is my question. Thanks

Expert:  Harris replied 1 year ago.
You would not be able to prevent her making a claim and any intentional disposal of assets to prevent her obtaining a share is not allowed as this will be considered financial misconduct. The court will take such conduct into account when making a decision regarding the matter and you both need to provide each other, and the court, full and frank financial disclosure.I appreciate that this may not be the answer that you were hoping for, but if you found this information helpful please provide a positive rating as I will not be credited with answering your question without one. Thank you
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