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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1158
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I need some advice for my parents. My mum and dad have been

Resolved Question:

I need some advice for my parents. My mum and dad have been married for 45 years with 4 children. My dad is ill health and my mum is the carer. Things are so bad between them that my mum just wants a divorce, to sell the house (no mortgage worth £350k), split every thing in half. My dad wants to keep living in the house and get a carer in (so my mum just has some money to her name (100k). He basically thinks he can deny my mum a divorce so he can stay in the property. What options does my mum have? My mum doesnt have any income of her own (dad gets a pension)
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- are there any other assets for both of them other than the equity in the house and the £100k your mum has?

- what is the value of your fathers pension?

kind regards

Caroline

Customer: replied 1 month ago.
Hello Caroline,
I wouldn't know the pension to be honest. I only know about the savings and the house. But my main question is can my dad stop a divorce and due to his circumstances around his disability can it slow the process down.Any help would be much appreciated
Angie
Expert:  ukfamilysolicitor replied 1 month ago.

Hello Angie

Thank you for your response.

Please do accept my apologies for my delay in responding to you.

As your parents are still currently together, then your mother would have to petition for divorce of the basis of your fathers unreasonable behaviour. This is often referred to as a quickie divorce otherwise she would have to wait 2 years if your father agreed or 5 years if he did not.

For unreasonable behaviour she needs 6/7 reasons as to why they can no longer remain married. These are subjective to your mother such as he didnt pay her enough attention etc

Your father can seek to contest the divorce and the reasons used by your mother but his ill health is not a reason for delaying or contesting divorce.

Contested divorces are rare as in reality once one party has issued divorce proceedings it is really a sign that the marriage has broken down and courts will often grant the divorce even if this is contested.

In relation to the matrimonial finances - this is the assets and liabilites for both of them. The starting point for division with such a long marriage is equality. Your mother may argue that his ill health means he needs a larger share of the assets this could be around 10% more.

kind regards

Caroline

Please kindly remember to rate positively so that credit is received for helping you

Expert:  ukfamilysolicitor replied 1 month ago.

Hello

I note that this question remains unrated. Please do not hesitate to ask if I can assist you further.

I would be grateful if you could use the stars to star rate my answer so that credit is received for helping you.

kind regards

Caroline

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