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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?-Whose name is ***** ***** in?-What other assets and pensions do you both have (both sole and joint), together with values?
Thank you for confirming. Firstly, arising out of the marriage you have the right to claim financial relief from him which includes property provision and spousal maintenance provision - despite what his new partner is stating, you have more rights than her due to the marriage and having a child together.
The property is in joint names and therefore you have a legal interest in the property and can apply to remain in the property for the benefit of your child. If you are unable to afford the mortgage payments, and he can as well as meet his reasonable needs then you can seek this from him. Spousal maintenance is calculated based on what disposable income he has as well as what your reasonable needs are.
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