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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband has been divorced for more than 15 years and has

Customer Question

my husband has been divorced for more than 15 years and has been paying the mortgage on a lease hold property by himself (even when he was married to his ex-wife who has not contributed a penny since they moved in the house). They do not have a child though the ex wife bore a child from another man during the marriage. My husband has not acknowledged the child as his own for they have not been sleeping for about year before the ex wife got pregnant so he knew that it was not his. The ex wife filed for divorced. Waving her rights for spousal and child maintenance. She left the marital home but kept coming back to ask for monetary help from my husband which in his good heart gives. She asked for a car and some money in exchange for her to sign her rights to the mortgage house but then disappeared leaving the paper work undone. Now, the mortgage on the house is coming to an end. We were able to track his ex wife to ask if she can pay half and she said no. Asked my husband to buy her out. Asking for £250k (house is valued at £350K) and claiming she did not receive any spousal and child maintenance. We offered 20k in cash and a certain percentage when the house is sold. She said yes but wants 30% when the house is sold which we feel is too much. She insisted that she is entitled to 50% of the property plus reminded us that my husband did not give her child and spousal maintenance. It seems speaking to her is going no where and we are deciding to go to court to settle the matter. However, we would like to know how much is she entitled by law? what is the fair percentage/offer for her? if we go to court, what chances will the law be on our side (as she kept telling my husband that the law here favours women). And lastly, what would be the difficulties that we have to face in this matter?
Submitted: 4 months ago.
Category: Family Law
Expert:  Harris replied 4 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are they in England or Wales?
-Was there a court approved financial settlement as part of their divorce?

-Whose name is ***** ***** in?

-Has she remarried?

Customer: replied 4 months ago.
England
-i don't think so. But she has crossed out the bit that says "That she may be granted the following ancillary relief;
order for maintenance pending suit, periodical payments order, secured provision order, lump sum order, property adjustment order for herself and for the child in the family. It seems as i have understood that she has waived her rights to these ancillary reliefs.
-the property has been on a leasehold mortgage on both my husband and his ex wife.
-she has not remarried (apparently)
also, she adamant that she does not want to go to court and let the court decide for her. She said that she will not sign anything unless we give her demands.
Customer: replied 4 months ago.
by the way, she mentioned on the divorce papers that my husband has not acknowledged the child as his own and that he is not the biological father.
Expert:  Harris replied 4 months ago.

Thanks for confirming. Firstly, her crossing out the financial relief section on the divorce petition does not waive or end her right to claim financial relief from him. This can only be ended if she remarries, dies, or if a court approves a financial settlement in a court order.

Given that she has not remarried and there does not appear to have been a court approved financial settlement she is entitled to apply to court for financial relief which will take into consideration all of their matrimonial assets, including the property you refer to.

The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both their needs are met in relation to both assets and income - unfortunately I cannot provide information on this without firm information about both of their financial postions. However, for your information the court 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 3 months 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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