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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorced from my ex wife since 2004 and were

Customer Question

I have been divorced from my ex wife since 2004 and were separate since 2002. We had two children together both are now over 18 one live part time with her and part time with me . Both my kids lived with me during the week after our seperation as they went to school near my house. I am remarried in 2004. We never made a financial arrangement because of our financial position at the time. I own the house my ex wife lives in and pay the interest only mortgage.My question how do I go about making a clean break of it so I do not have to continue paying the mortgage the house is worth about £200k with a £118k mortgage outstanding
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Initially this should be attempted through mediation - you can find independent mediators here: http://www.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. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering 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 using the stars at the top of this page as I will not be credited for my response without a positive rating.