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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son an d wife are divorced recently, house sold but money

Resolved Question:

My son an d wife are divorced recently, house sold but money frozen until settlement agreed, no children , married 10 years, £50,000 after all mortgages paid off, wife works and my son worked long hours as a long distant lorry driver, Wife never put any money into the house at beginning and my son had put in £22,000 and has paid 70 % of all mortgage and other bills, he cam e home on a weekend from a long weeks driving and living in his wagon, hadtodo washing, shopping, hoovering etc and I don't think she ever cooked him a paper diinerin all those tears
, She now want 80% 0f money or £900 per month maintenance seems rather unfair to me , Sons family also paid for lots of things during marriage , hoovers. grass cutter. solicitors fees etc etc I don.t think she or her family ever paid for anythingsome general advice would be welcome
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are they in England or Wales?

-How old are they both?

-How ling were they married?

-What other assets do they both have (together with values?)

-What are their respective incomes?

Customer: replied 1 year ago.
My son is 45 and his ex wife 38
been married 10 years
no other assets except a car each my sons on finance and his ex wife paid for live in EnglandWife income approx £13000 and son s varies but average £30,000 gross
Customer: replied 1 year ago.
She also has a occasional "job" looking after a friends horses and dogs for which she is paid cash in Hand sometime £300 sometimes £500 for a week she also has a horse and tack value £1500
Customer: replied 1 year ago.
Sorry keep thinking of extra items she had much better paid job but (a) wasn't happy and (b) she wanted more time with her horse so took a hit i pay of approx £5000
Expert:  Harris replied 1 year ago.

Thank you.
The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. Given the long marriage, no children and the limited assets and their relatively young ages, a 50-50 split is likely something a court would think is appropriate, despite his higher contributions. In relation to spousal maintenance , she will need to disclose her reasonable needs and she has grounds to apply for him to pay maintenance if there is a shortfall between her income and reasonable needs but he has ro to put a time limit on this and seek her to maximise her earning potential.

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 their respective financial positions).

If mediation does not progress he should then proceed with an application to court under Form A for financial relief.

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 30 year.

Given the age of the couple and the lack of children there is no reason why the capital assets should not be divided on a straight 50/50 basis - she is not enetitled to an 80/20 split.

Given that she could earn a further £5,000 per annum if she wished to do so then there is no basis on which spouse maintenance will be payable.

This assumes that the income figures you give are correct and she does not have any medical problems

Clare

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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