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Ask Kasare Your Own Question
Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have submitted a divorce petition which I felt bullied

Customer Question

Hi, I have submitted a divorce petition which I felt bullied into on unreasonable grounds. I have now discovered that my husband left me for a work colleague. I am not happy with the financial offer which again is m feeling bullied over. I will send this to my solicitor next week
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some some further information firstWhat do you feel is wrong with the Petition that you have filed?
Customer: replied 1 year ago.
I just felt bullied and rushed into filing it. I had to do it as my husband did not have grounds
Expert:  Clare replied 1 year ago.
Do you not wish to have a divorce?
Customer: replied 1 year ago.
Yes I have no choice. But I was pushed to submit it and only now it has been revealed he is in a relationship with a colleague. I know this has no legal bias. But I am now being pushed on the financial settlement and I don't believe what has been offered meets my needs
Expert:  Clare replied 1 year ago.
How far has the divorce reached?What assets are there and what settlement is being suggested?
Customer: replied 1 year ago.
I have received the petition back today. We have a house valued at 400,000 no mortgage. My husband has pensions of £250,000 I have pensions of £160,000 but £153,000 pension is a frozen final salary pension I cannot access until I am 65 (I am 51) from when I was made redundant 3 yrs ago we used the redundancy to pay off mortgage. And I took lower graded part-time fixed term work contracts. There is no other notable assets. I have been offer 75/25 split on house to be sold April 2019. We have a 16 yr old daughter who is with me and at college. My husband earns £115,000 and I earn £13,000
Expert:  Clare replied 1 year ago.
How much was the Redundancy payment?
Customer: replied 1 year ago.
Around £33,000
Expert:  Clare replied 1 year ago.
What about Pension sharing?
Customer: replied 1 year ago.
no sharing of pensions has been suggested. I will receive child maintenance and a spousal maintenance.
Expert:  Clare replied 1 year ago.
How much spouse maintenance is he offering - and what is your concern about the offer?
Customer: replied 1 year ago.
I am concerned about the percentage split on the house only. Given the time frame for moving I will not be able to buy out my husband. I live in an expensive housing area (Brighton) and most likely my daughter will still be living with me when I have to sell the house possible still in further or higher education. I will have to buy a two bedroom property and use all of the capital - I am concerned this will affect my finance for the future. I would like to either gave a larger percentage split so that I can buy my husband out and keep the family home for myself and daughters - I have an older daughter that lives with me at present. Or I would like a longer time frame to selling the house.
Expert:  Clare replied 1 year ago.
How much will an alternative property actually cost to buy?What spouse maintenance is being offered?
Customer: replied 1 year ago.
I may be able to buy a two bedroom flat in a different area for 300,000.
I am being offered 1000 per month spouse maintenance
Expert:  Clare replied 1 year ago.
Is there a time limit on the spouse maintenance?
Customer: replied 1 year ago.
This is the spouse maintenance offer:Andrew to pay Deborah the sum of £1,000 per month until 1st April 2021,
this will then be reduced to a sum of £750 per month paid until 01.04.2022
then reduced to £650/ month until 01.04.2023
then reduced to £550/month until 01.04.2024
then reduced to £450/ month until 01.04.2025
This income will cease if Deborah decides to remarry, or on death,
or any further order.
There will be no right to extend this beyond 01.04.2025.This will end when I am 60.
Expert:  Clare replied 1 year ago.
What has your solicitor said about it?
Customer: replied 1 year ago.
I have only recently sent the financial offer to her and I am awaiting her advice and response
Expert:  Clare replied 1 year ago.
Is the spouse maintenance meant to include the child maintenace as well or is it in addition ?
Customer: replied 1 year ago.
In addition
Expert:  Clare replied 1 year ago.
The problem is that this is not an ungenerous offer so far as the court would be concerned.It allows you to rehouse yourself free of mortgage when your youngest child is 18/19 (at which point they are no longer the concern of the court) and gives you a good income until your pension starts payment.Does your ex have any other assets at all?
Customer: replied 1 year ago.
Not that I know of. He has a Harley Davidson motorbike and a Jaguar but the car is on a lease buy which he receives an extra 15,000 allowance through work. He will receive a very large inheritance in the future but I appreciate this has no bearing either. I would have liked to keep the family home as an ongoing stability for my daughters while they are living with me but my older daughter is 24 so also not of concern to the court. I think I would struggle to get a mortgage in the job I am in, the contract ends May 2017 I would hope to have stayed in the department I work in but as it is research funded it would likely be another fixed term contract. I thought if the split was 80/20 I might stand a chance of raising the money. When my daughters move out I would then have had more choice of housing that only needed to accommodate my own needs. This was not a situation I ever expected to be in.
Expert:  Clare replied 1 year ago.
So the extra £40,000 would make a difference?
Customer: replied 1 year ago.
Yes it would make an enormous difference. It would give me the choice to stay in the marital home if I chose to or while both daughters are living with me I would with a push be able to raise £80000 in 3yrs but not £100000
Expert:  Clare replied 1 year ago.
Are you willing to sacrifice some of the maintenance to achieve this?
Customer: replied 1 year ago.
I could adjust my budget but I need to either get a new job or renegotiate my existing contract