Hi, thank you for your question. Just a bit more information required to fully assist you:-How old are you both?-How long have you been married?-How old are the children and the proposed arrangements for them?-What other assets and pensions do you both have (both sole and joint), together with values?-What is his income?-What is the value of the property, and how much mortgage is he taking out?
Apologies, I cannot take a phone call at the moment but will continue to assist you here.
Given that you are married and have young children in your care you are entitled to seek financial relief from your husband arising out of the marriage, as well as child maintenance (through the CMS - Child Maintenance Service). Child maintenance will be calculated based on his gross income and how often the children stay overnight with him on average.
In relation to financial relief arising out of the marriage the Court's starting point is a 50-50 split of all matrimonial assets and ensuring that the children's housing and day to day needs are met, and then both your needs are met in relation to both assets and income. The court will therefore take into account the home and using it to meet the children's needs as a first option.For your information the criteria considered by the court in such applications 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.
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 once the divorce petition has been issued.
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