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Ask Harris Your Own Question
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2786
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm separated 4.5 years and my wife emailed me about a clean

Customer Question

I'm separated 4.5 years and my wife emailed me about a clean break order.
I never know wether to hire a solicitor because of cost and if necessary or not.
We were married 2001 with the mortgage only in her name and I paid equal amount utilities so we were even.
We both work full time.
I'm in rented accommodation.
Thank you.
Mr David Hemming
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 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?

-Have you now divorced?
-Do you have any children together, if so their ages and arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 11 months ago.
I'm 60 she is 55
As already said married in 2001
As already said separated not divorced
No children
Property value unknown but estimate 250_3k
Wife lives in the home alone to best if my knowledge
There is a pension but can't give details whereas she can
My income approx 40k
Hers unsure but is a qualified nurse
Customer: replied 11 months ago.
Hi are you still there?
Expert:  Harris replied 11 months ago.

Apologies for there delay. Why can you not give pension details? All that is required is your total pension pots each

Customer: replied 11 months ago.
Because she has the paperwork and will not give me access
Customer: replied 11 months ago.
I have emailed my wife for the information
Expert:  Harris replied 11 months ago.

Thanks for confirming. Given your long marriage and your ages, I would suggest that you first find out both your full financial positions as you would be entitled to negotiate a fair financial settlement and it may not be in your interest to settle on a clean break and for both you to keep the assets you have in your ownership at this time.

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.

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

Expert:  Harris replied 10 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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