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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2298
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Preperaing for divorce from my wife (not announced it). We

Resolved Question:

Hi,
Preperaing for divorce from my wife (not announced it).
We have two kids (3 and 6). We have a house with a mortgage on it but it does have approx. 30% equity.
If we divorced would I be made to pay the mortgage plus child support (of course no prob paying this) and maintenance (she gave up career but is now working from home a child minder very low wage) until kids have left education?As there is no feasible way my income would allow me to do this plus live on my own (rent/eat basic things), would I be able to force a sale of the house and offer the equity to my ex as a 'clean break' payment over maintenance (minus our accrued debt from credit cards/loans).Also considering separation first but concerned doing this, whilst continuing to pay the mortgage/bills, could set me up for a financial pit fall when we eventually divorce.
Thank you in advance
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 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?
-What is the value of the property, and what is the outstanding mortgage?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
Not keen on putting all the information on here as it would undoubtedly be easy to draw comparisons when viewed in full
Expert:  Harris replied 7 months ago.

OK, no worries. Happy to give you some information about the process.

In relation to child maintenance, depending on your salary, the CMS may have jurisdiction and you have an obligation to pay this based on your gross salary and how often, on average the children stay overnight with you each week.

In relation to mortgage payments and spousal maintenance, a court will likely only agree that you should meet these if you have the disposable income and your wife is unable to meet her own reasonable needs. In those circumstances, a court may not agree it reasonable for her to stay in the property if she cannot afford to meet the outgoings and you have no disposable income to meet them and her reasonable needs. In those circumstances the court will likely agree that a slae of the property is appropriate and for the split of the equity to be in favour of the person who has higher needs.

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. For your information the criteria considered by the court in these matters 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

Customer: replied 7 months ago.
Thank you. Appreciate the generic response but as indicated, I was looking for a more tailored answer. Is there anyway I can get the info requested to you so that the response and more importantly information don't appear in this forum?Also would be good to have a steer ref how actions above during separation period may affect things if divorced at a later date. Again, thank you.
Expert:  Harris replied 7 months ago.

You can contact customer services and they can email me the documents/a private message directly if you wish.

Expert:  Harris replied 7 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.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2298
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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