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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am divorcing my husband for adultery. He is 62 I am 51 we

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I am divorcing my husband for adultery. He is 62 I am 51 we have been married for 18 years and living together for a year before that. he left the marital home in January to live with his new partner in her housing association flat. I want closure but he will not negotiate a financial settlement, he has refused to attend for mediation after they contacted him. The property is owned outright jointly and valued at £265,000. He earns between 4 and 6 times my annual income. he has a pension fund of £65,000. he will only agree to me having half of the property value once it is sold. We both put our respective properties into the marital home and we have both always worked throughout our relationship. I took partial retirement in April of last year after discussing it with him due to ill health and have been diagnosed with Type II diabetes in the 2 months. He heaps emotional stress on me by being awkward over everything when I want to sort things out, by saying he is unhappy and wishes he was dead, and by saying that he is now homeless despite the fact that I know he is still with his girlfriend. Quite frankly the stress is killing me. How can I progress this in order to get closure and move on with my life? I do have a solicitor acting for me but I would like your opinion on how to achieve the best financial outcome for me.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What income do you each actually have?
Clare
Customer: replied 2 years ago.

I earn approximately £10,000 Including my small civil service pension and he earns in the region of £50,000 - £60,000 although since he left in January he has tried to drastically reduce his income as he says so it looks better for him in the divorce settlement. he trades under a limited company as well as having PAYE earnings and has more than halved the income through the company alone. He has also changed the name of the share holder in the company from his own name of ***** ***** to that of ***** ***** (I am not aware of any one of that name in the family) on the company records submitted this month.

Customer: replied 2 years ago.

sorry my age should read 54 not 51

Expert:  Clare replied 2 years ago.
Hi
Would you rather have more capital or ongoing income?
Clare
Customer: replied 2 years ago.

more capital in order to get a half decent roof over my head

Expert:  Clare replied 2 years ago.
Hi
Sorry - just to check, how far have the divorce proceedings reached?
Clare
Customer: replied 2 years ago.

not quite at the nisi stage yet

Expert:  Clare replied 2 years ago.
Hi
If he has refused mediation the only way forward is an application to the court for the financial issues to be dealt with
This will lock you into a court timetable - which will force your ex to face the fact that a settlement will be necessary.
He has a substantial liability for spouse maintenance - which you can capitalise to ensure that your housing needs are met
Do not allow him to bully you - if he wishes to resolve issues then he should attend mediation.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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