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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I left the Royal Navy last year July 2015 and I separated on

Customer Question

I left the Royal Navy last year July 2015 and I separated on 30 November 2013. I was married on August 2006.I am in negotiations with my estranged wife over money, she has got to keep her property negative equity apparently. She's also taken all my possessions from my property and stolen money.What I want to know is do I have to give her any of my gratuity considering the amount of time we were together and I was in the RN for 32.5 years. Also as she's keeping her property how much do I have to give her from the sale of my property and how much pension do I need to give her.I know every case is different but negotiations have broken down and she's threatening to go to court so I want to know were I stand legally before it goes to court.
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further details firstHow long have you actually lived together and are there any children involved?How much are the two properties worth and how much is outstanding on the mortgage?What income do you each have?
Customer: replied 8 months ago.
We were together 8 years and we have a son of 7 years old. There is around £8,000 in my property and she is in negative equity with her property according to her solicitor. She is on benefits and I am currently unemployed living off my navy pension. My gratuity was for £47
Customer: replied 8 months ago.
sorry 47,000 pounds. she wants 20,000 plus half proceeds of house. has also stopped me seeing my son and I took her to court to get access.
Customer: replied 8 months ago.
I have spent thousands in fee's and am now propertyless, jobless living in Scotland with my partner.
Customer: replied 8 months ago.
She took everything from my property I have nothing left, she stole some prized possessions from years before I was with her, she's also taken money from my account after we separated. She has had to give up nothing. She hasn't complied with one single thing I've asked of her!
Expert:  Clare replied 8 months ago.
Is she currently living in her property?
Customer: replied 8 months ago.
No she's renting it out.
Customer: replied 8 months ago.
I've already spent some of the money getting my property saleable and paying my solicitor bills, also renovating where I currently live as we needed a new heating system so there's only £10,000 gratuity left but I've kept her share of the equity. What will happen when we go to court as there is no agreement in place at the minute. Considering she's taken every single bit of my possessions?
Expert:  Clare replied 8 months ago.
Where is she currently living?
Customer: replied 8 months ago.
She's just vacated the house took everything out of it, I bought that house off my parent's it was my family home since I was 3. She's now renting and wont tell me her new address.
Expert:  Clare replied 8 months ago.
Have you exchanged financial details in the form of a Form E?
Customer: replied 8 months ago.
No it's all just negotiations we nearly agreed but then she emptied house and it was a step to far! I've paid off my solicitor looking for a new one or barrister. She knows my financial sit
Expert:  Clare replied 8 months ago.
Do you understand that the site charges more for a phone call?Would tomorrow be ok?How much is your pension?
Customer: replied 8 months ago.
I am free after 3 today and yes I understand unless you can help me online? :D
Expert:  Clare replied 8 months ago.
We can continue online if you like.How much is your pension?
Customer: replied 8 months ago.
I get 13,000 a year. she wants 20 percent. I got 47.500 gratuity. I received that after we separated. Do I have to give her any?
Expert:  Clare replied 8 months ago.
Has she also asked for a Pension Sharing Order?
Customer: replied 8 months ago.
Think so she wants 20 percent, nothing has been agreed signed or been sent to court as yet.
Expert:  Clare replied 8 months ago.
There is no point in me not being honest with you about the likely outcomes.Yours was a relationship of medium length which produced a childA 20% Pension Sharing Order is certainly realistic in terms of the amount of time you were together during your service - but since the pension is in payment there may be room for negotiation on that since it will reduce your income and thus your liability for child maintenanceA 50/50 division of the equity in the matrimonial home is the minimum she will receive - however since she already has a property she and the child could live in there is no reason why she should receive a larger share Whilst the gratuity was received after the separation it is still regarded as matrimonial assetHowever you could try and use the same argument that you have regarding the percentage of the pension - she should only receive 20% of the gratuityYou are on slightly sticky ground there - but again the fact that she has a house she could move into if she wishes will assist youI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 8 months ago.
Hi Clare,
Thanks for that. Can I clarify a couple of things please? Firstly how can I find room for negotiation on the 20 percent, since it will reduce my income and thus my liability for child maintenance? Any ideas?Also what about the fact she took EVERYTHING from the property including some very personal possessions that I can't replace, and the money she took out of my account? Would that be brought up in court if she forces the issue?What would happen if I only have the 20 percent left of the gratuity and her share of the mortgage when I go to court, would I be penalised for not keeping the £20,000 she wanted?Thanks so much Clare if you could help me with these last things I will finish our conversation. Very much appreciate your assistance.Kind regards
Symon
Expert:  Clare replied 8 months ago.
OkYou have caught the argument regarding the pension.If it is split between you your income goes down and so does her child maintenanceUnfortunately the lack of any further capital to offer in full and final settlement will be a problem in achieving a clean break with no Pension Sharing.if you want some Personal Possessions back then you will need to provide a list - but I am afraid that the fact she took everything and money from your account will have no great relevance in the settlement.If you do not have much capital left then yes you may be penalised - either by the Pension Sharing Order or by way of spouse maintenance

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