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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 have separated from my wife and need advice regarding the

Resolved Question:

i have separated from my wife and need advice regarding the kids, the house and my business
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Thank you for your question. Please confirm:-How long you have been married and separated-Both your ages-Ages of the children and the arrangements for them-What assets you both have, including values, mortgages and pensions-Your respective incomes
Customer: replied 1 year ago.
We have been married since August 2006, we separated March 2014.
I am 37 my separated partner is 43.
The eldest is seven and the youngest is six, their mother looks after them in the family home which i left. This is my fathers house, we did not pay rent or have any formal rental agreement when we were married and she does not pay rent now or have any rental agreement. The kids mother looks after them for the majority of the time as she works only part time and we share the responsibility in the evenings when i have finished work. We also share responsibilities for the kids over the weekends although there is no set times for either of us when we have the kids, this is mainly done at the family home. When i left i moved in with my parents.
My wife has no assets or a pension and there is no mortgage. I have a small pension and am a partner in a business with my father mother and brother which has a substantial mortgage on it and and my assets are what i have in the business.
My wife's income is approx 600GBP per month and mine is 800GBP.
Expert:  Harris replied 1 year ago.
Thank you. Given the separation, wither of you can seek financial relief fr the other - however given that your wife has no assets and little income it is likely that she would be the applicant in any proceedings. Firstly, your wife has no rights in relation to your parent's home, despite it being the former marital home. So lomg as you have no legal or beneficial interest in it she cannot claim against it. However, she will be able to claim against all your other assets, and a 50-50 split will be the courts starting point, with a departure from this based om dactors such as length of marriage, needs and contributions.In relation to the children, a decision has to be made regarding who will be main carer or if there would be equal shared care. The main carer will be able to claim statutory child maintenance from the other parent - this will be calculated on the non-resident carer's gross income and amount of time the children stay over each week.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
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