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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am married with two young children, the marriage has broken

Resolved Question:

I am married with two young children, the marriage has broken down and I would like to move on. Currently I am a stay at home mum, we have a joint mortgage, in the event of filling for a divorce what would be my options/ rights?
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 to fully assist you:-How long have you been married and how old are you both?-How old are your children and will you be their main carer?-What is the size (bedrooms) and value of the home, and the amount of outstanding mortgage?-What other assets do you both have, including pensions?-What are your respective incomes?
Customer: replied 1 year ago.
Married 14 years, I am 41, my husband is 40The children are 4 and 7 years old
I would be the main carerTwo bed end terrace
Valued last month at £300,000
Remaining mortgage £174,000We have two apartments in Romania, no pensionsMy husband is self employed as such he has a basic plus dividends so around £45,000pa
I am currently a stay at home mum but can earn fte circa £30,000 though at present that is irrelevant
Expert:  Harris replied 1 year ago.
Thanks for confirming. The first matter to consider is how the children will be housed and if the current home is suitable a coirt will likely be persuaded that it is right for you and the children to remain there until the children reach a certain age (eg. Finish education). You will be able to apply for child maintnenace which is based on his gross salary and how much time they spend with him overnight.You will also be able to apply for spousal maintenance to meet your reasonable needs - but it is likely that if this is successful then he will attempt to limit it in time and for you to demonstrate that you are maximising your earning potential.Initially this should be attempted either through mediation (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions). If mediation does not progress you should then proceed with an application to court under Form A for financial relief. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year 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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