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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My apologies length of this but having seen some of the back and forth on some pos

Resolved Question:

My apologies for the length of this but having seen some of the back and forth on some posts wanted to give you as much information as possible up front.
19 months ago I informed my wife of 45 years that I was leaving her.
I am 70 and since that time have been living in Thailand with a Thai widow; my ex-wife continues to live in my mother’s house which I inherited with my sister around 10 years ago and we bought my sister out by taking out a £200k joint interest only mortgage (the house was rented at the time). Current value of the house £350k
My ex wife is 68.
We both only have a state pension; mine is around £450/month and my ex wife’s £447. My pension goes into a joint UK account and is used to cover UK bills and I have taken very little out in the last 18 months.
We are both directors of a UK registered consulting company of which I am the only fee earner. I am starting a new business through this entity which currently has a £5k tax liability. The new business is likely to s
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question butnit seems to have cut off mid-way - please could you complete the question and I will assist you.
Customer: replied 1 year ago.
Here's the whole text as a word document.ApologiesNick
Expert:  Harris replied 1 year ago.
Thank you, ***** ***** helpful. Firstly, to find a solicitor you can check here: http://solicitors.lawsociety.org.uk/ and search for area of practice - Family - Marriage and civil partnership. It is difficult to say how much this will cost you as it varies from firm to firm, as well as how contested the matter becomes and whether there are court proceedings, but if matters are agreed amicably, court proceedings are not required and costs should be in the region of £3-5,000 (this is extremely approximate) for the divorce and financial matter.In relation to the specific issues you have raised:1. State pension cannot be subject to pension sharing - only private pensions can, so her request cannot be negotiated or accepted.2. What she is requesting in relation to her bills and visits to your daughter would be considered periodical payments and this will need to be assessed in accordance with her income and reasonable needs - you both need to disclose full and frank information regarding all finances and needs. If she is able to meet her reasonable needs herself then there is no justification for any periodical payments. Furthermore, if you are unable to meet your own reasonable needs then a court will not agree that you should be meeting hers.3. The business is a more complicated issue as this is your source of income and it will also depend on what your partnership agreement states, but this will need to be negotiated based on reasonableness, needs and contributions. Given the potential complexities of this matter, after instructing a solicitor you should 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
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2545
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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