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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2824
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Been married send time year. My wife and i have a child

Resolved Question:

been married for the send time for a year. My wife and i have a child together. I have two children from previous marriage and she has one. I have just sign a contract for mortgage which new built and will be completed in December. My wife have threatened divorce and I am trying to find out what my options are under the circumstance
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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

-When did you get married to her?

-How old is your child with your current wife?

-How old are you both?

-What is the property worth and what will the outstanding mortgage be?

-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
Thank you for the quick response.-We got married 12th February 2016 ( just over a year)-Our child is 11 months old- I am 34 and she is 31-Property value is £390,000 and it will be in my name. The full amount is outstanding as I am yet to receive the mortgage offer but I have signed and returned deed to my lawyer. Also, the house will be purchased under the governments help to by scheme (20% contribution towards the deposit).- We both have no other assets. She lives is housing association accommodation and I live with my parents for now.-I am a freelancer and work on contract basis, £350/day, approx £7k per month. She has no income as she decided not to go back to work for now.
Customer: replied 1 year ago.
point of correction -we got married 12th Feb 2015
Expert:  Harris replied 1 year ago.

Thanks for confirming. Just a bit more information:

-What are the proposals for your child upon separation (who will he live with etc)?

-What is her earning potential?

-How much deposit (approximately) are you planning on putting down for the property?

-Does she have a life-long tenancy with the housing association (eg. secure/assured)?

-You note that you earn £7,000 per month on a freelance basis - please confirm what savings/investments you have?

Expert:  Harris replied 1 year ago.

Sorry, I cannot take a phone call at the moment, but if you are able to provide the information requested I can continue to assist you.

Customer: replied 1 year ago.
We will have joint custody of our child.Her potential earnings is between £28,000 - £35,000Deposit for mortgage is £19,500She has secure tenancy - Its is her permanent housing.I currently have no investments and have £20,000 savings which I will be using to pay the mortgage deposit next week
Expert:  Harris replied 1 year ago.

Thank you. Given that the assets are minimal and she has a lifelong secure tenancy, therefore her housing needs are met, she will find it difficult (as well as expensive) to attempt to pursue a share of your proposed property which currently has minimal equity.

However, given your salary, if she can argue that she is the main carer and that she cannot meet her reasonable needs she will have grounds to seek child maintenance (through the child maintenance service) and spousal maintenance through the courts - if nothing is agreed between you.

If this does proceed, initially the financial settlement 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 once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. 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. The criteria considered is:

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 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:  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.

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