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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2819
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I have been separated years. Married for

Customer Question

My wife and I have been separated for 10 years. Married for around 25 yrs. I have two children and have always paid maintenance for them when they were dependant, They are now however both working one is 23 and the other is 18 on 17 June. After 17 June I see no reason why I should continue to pay. However we still have house with equity and joint mortgage. Is it fair to no longer pay but I accept I have too for mortgage. If I seek a clean break can I claim half equity in the house.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you fornyour questionChild maintenance liability will end if your 18 year old finishes A-levels.In relation to the home, and wider matrimonial assets including pensions, there will need to be a financial settlement which tales into account all assets. The court's starting point is a 50-50 split of all assets, and this equality is departed from based on the following criteria: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 have any further questions regarding this please let me know. In the meantime 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.