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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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 am a 56 yr old nurse working full-time, hoping to

Resolved Question:

Hello. I am a 56 yr old nurse working full-time, hoping to take my NHS pension in 12 months or so and continue working part-time. I have 2 children living at home both with health problems (age 22 with ADHD and age 12 with a chronic bowel disorder causing incontinence) My husband aged 54 has chronic depression, still works but is getting more and more difficult to live with. I have some savings (30,000), he has none, I have a work pension, he has none-has always said he will live on my pension.Our house is worth about £350,000. My husband tells me that if we divorce he will be entitled to half my savings, half my pension and half the value of the house. This is the reason I have not divorced him so far -I would be left with not enough money to set up home again , especially here in London where my youngest is at school. Is he correct? I am Unsure if I can stay living here and maintain my own sanity. Thank you.
Submitted: 9 months ago.
Category: Family Law
Expert:  Clare replied 9 months ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further informtaion first.How long have you lives together - and who will the 12 year old live with?
Customer: replied 9 months ago.
We have lived together for 27 years. I dont yet know who the 12 yr old will live with, I havent informed my husband that I want to part-because I won't be able to part from him if he is able to take half my assets. I would like my son to come with me, but want his view on this taken into account.
Expert:  Clare replied 9 months ago.
How much do you each earn?
Customer: replied 9 months ago.
I earn £29,000 per yr, my husband 25,000
Expert:  Clare replied 9 months ago.
What does your ex do for a living?
Customer: replied 9 months ago.
He works for a not-for- profit organisation , a community transport hub. He assesses volunteer drivers standard of driving and helps to manage the fleet of accessable minibusses.It's a very small organisation with 3 employees.
Expert:  Clare replied 9 months ago.
How much will a two bedroom property in the same school area cost to buy?
Customer: replied 9 months ago.
between £250 and £300 thousand. Our house has 3 bedrooms but is on a very busy road. Valued around £350,000 Other 3 bedroom places around here go for £400 plus on quieter roads.
Expert:  Clare replied 9 months ago.
It is true that the starting point for division of matrimonial assets is 50/50 - but the family court has the power to depart form that and redistribute the assets in any way that they consider fairThe priority will be the safe and secure housing of your daughter until she is 18 - so it is likely that you will be able to remain in your house until then.You may have to raise a mortgage to pay him something immediately - but he will have to wait for the rest.The likely eventual division is likely to be 60/40 in your favour.I am afraid he will get a pension sharing order with regard to your pension as well.I am sorry not to give better news.Please ask if you need further detailsClare
Customer: replied 9 months ago.
Many thanks, it's pretty much as I thought. Seems a bit unfair that he gets half of all that's mine but I get half of nothing as he has never bothered to save or have an occupational pension!
What will happen if I am already recieving the occupational pension when I start divorce procedings? ( I wont get state pension till am 66) Will he still get a share of my occupational pension? I intended to retire and take my occupational pension next year when I turn 58.
Also you say I will need to take a mortgage to pay him some of the value of the house until our child is 18. Surely it will be difficult to get a mortgage if my income is an NHS pension only? I had intended to do a bit of locum work one or two days a week as well to suppliment the pension but it's hardly enough to pay much of a mortgage even if I can get one on a pension.
Thanks again.
Expert:  Clare replied 9 months ago.
If you cannot raise a mortgage then he will have to wait until your child is 18 for his full share.If your pension is already in payment I am afraid that a Pension Order can still be made.
Customer: replied 9 months ago.
Not good news, but pretty much as I expected. Half my pension is currently about £8,000 per year- not enough to live on or pay a mortgage on. Looks like I won't be going anywhere.
Thanks for your help.
Expert:  Clare replied 9 months ago.
He will not necessarily get half of your pension so it may not be as bleak as that
Customer: replied 8 months ago.
Ok, thanks for all the info. It makes things much clearer.
Expert:  Clare replied 8 months ago.
I hope you are able to find a way forward
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33501
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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