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Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear about the threats that your husband is making.
Please may I ask:
- how much equity is in the property?
- what are the other assets for both of you including pensions?
- whose name is ***** ***** in?
Thank you for your response.
You can ignore the pop up for a phone call it comes automatically from the site.
Your house is a 4 bed - how much would a 3 bed be in your area?
I am sorry to hear this I do understand that you want to know your legal position. What would a 3 bed house in your area be to buy?
Thank you for that.
1) The reality is that you are the main carer for your children. Courts do expect parents to be able to agree arrangements for children when they separate without the need for court and courts will order shared care but this has to be when it is in the childrens best interests. I agree with you that 12 hours a day in day care is not in your childrens best interests.
2) If either of you did decide to divorce then either of you are able to make a claim in respect of the matrimonial finances. The starting point for division for long marriages (over 5 years) is equality.
3) however as you are the main carer for the children and you earnings are significantly less than your husbands then you need to be arguing for a larger of share of the matrimonial assets (around 10 -20%) and spousal maintenance.
4) The courts main priority when deviding the matrimonial assets is making sure that the childrens housing needs are met. A court would consider a house that is owned more stable tha a house that is rented. There is not enough equity in the house to rehouse you and the children so a court would likley order that you and the children remain in the huose until the children reach 18 and then the house be sold and your husband gets his share then.
Yes means all assets - house savings etc
60/70% to you
40/30% to him
Spousal maintenance is payments to you in addition to child maintenance.
You do have to mitgate your position by finding work if you can.
depends when the order was made. If made soon given that your chidlren were young then its as per the information I am giving to you. You can agrre between you when the house should be sold but if you cant then this is likely what a court would do.
you would just have to look for employment near you so that it fit in with the children.
I suggest that you consider family mediation.
The only way to get a final legally binding position in relation to the matrimonial finances is by court order or consent order approved by the Judge in matrimonial proceedings purusant to divorce.
family mediation - can help you both through disclosure of the assets and discussions about division but if agreement cannot be reached you need to apply to court.
If divorce is not yet conteplated you can use mediation to agree a separation agreement but this is not legally binding and cannot be enforced like a court order can.
re 4 - you and the children - a court would likely order that he would have to reside elsewhere
If he cant agree to pay through mediation then issue for divorce and ask for interim maintenance until the matrimonial finances are resolved
there are no solicitors involved in mediation but they do have fees depending on your income
for legal aid you need to have evidence of domestic violence as well as qualify by means
yes but if you qualify on the means section (income and capital) you could talk to your gp about yoour husbands behaviour and if he refers you to support and fills out this letter then you may get legal aid if you passed the means
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no dont worry is doesnt close when you have star rated :)
You want to find a solicitor whom is a law society panel member.