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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1942
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I live with my two kids in council flat. My husband left me

Resolved Question:

Hi I live with my two kids in council flat. My husband left me in Christmas last year. We agree to buy a right to buy flat from council. I found a job in sainsbury for 1000 per months. My husband used to payed me 200£ a week for kids plus all bills and rent but now he decided to pay just 50£ a week for kids so I would like to apply for work tax credit as a single mum but I think I may not becouse he is in the proces of buying a flat so he not saying anyone we are separate. He teaking mortgage on his name I wounder if we divorced is it Court will give me 50% of this flat or not ? If my husband buy this flat during our separation can I still have half of this property or All flat will be his one? Maybe court will give him all flat becouse he purched while we wasn't together anymore. I am really worried about my and kids future. Can I apply for any benefits while he is in the proces of mortgage? It's will take probably hew months till buying flat will be completed I wounder how I will manage with this 50 £ per week if I not will applay for work tax credit.
Submitted: 5 months ago.
Category: Family Law
Expert:  Harris replied 5 months ago.

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?

Customer: replied 5 months ago.
Thank you I am 32 and my husband is 40. Our kids are 2 and 5 years old. We merried 6 years. He is self employed - this year he had income 32000£ And last year 46000£ Property cost 205000 but after council discount we can buy for 105000£. We don't revive any benefit or other incomes. I have just child benefit 137 per months. He also have company of selling flats so he just invest 60000£ and probably he will recive from that 100000£. At the moment he don't have money in bank becouse he invest all for company.
Expert:  Harris replied 5 months ago.

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.

I hope this assists you. 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 your question without a positive rating. Thank you.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1942
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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