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?
-When did you separate?-Whose name is ***** ***** in?-What other assets and pensions do you both have (both sole and joint), together with values?-What are your respective incomes?
Have financial relief proceedings commenced and has he provided his financial disclosure?
As part of any negotiations and financial relief proceedings you will both need to provide each other full and frank financial disclosure and he will need to demonstrate that he is maximising his income. If he cannot earn more than £35,000 then this is the figure that the court will consider when deciding on your application for financial relief.
As a starting point, on a salary of £35k, his child maintenance liability will be in the region of £77 per week and this is the enforceable amount you can seek through the Child Maintenance Service and no court application is required - only an application to the CMS who will deal with this.
In relation to spousal maintenance to cover your reasonable needs - this will depend on you maximising your income and it would be possible to seek for him to cover any shortfall, but the simply fact is if he cannot afford it, the court will not make such an order and other options will need to be considered such as further dividing the available assets to take into account your needs.
In the event that you remaining in the home, if you cannot afford to maintain the outgoings on the home and he cannot afford to assist, then the court may decide it must be sold and equity divided in equitable shares between you.
His partner's finances can be taken into account as it would be expected that his needs will be lower as they should be sharing outgoings between them.
In relation to the child arrangement issues, it is not appropriate that he has his new partner be involved in the school runs and if you do not consent to overnight stays for welfare reasons, then you can object to this.
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.
Not necessarily - it is usual for the person remaining in the property to meet the outgoings until a final decision is made despite it being a joint mortgage.
Not necessarily. There has to be a detailed assessment of both your financial positions before either of you, or a court, can make a final decision.