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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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,I have a very complex financial life, whilst I have

Customer Question

Hello,
I have a very complex financial life, whilst I have an income and am supporting my wife 9 year old daughter and to some extent my 22 year old daughter who is about to graduate and has a job as a teacher in September. I left home after a blazing row and have been living in a rented room for 2 years now and there are issues of a personal nature which could be regarded as unreasonable behaviour (non violent).
I am hugely in debt and have come to arrangements with all my creditors who are being paid the agreed amounts.I have 2 CCJ's against me and the home is owned jointly on an interest only mortgage which expires in about 7 years time.
! am 62 and my wile 46, we are on reasonable terms. I run my own business BUT my business partner (a loose term as we don't own anything jointly but rely exclusively on each other) is the husband of my wife's business partner (a pre school). My business is OK but my "partner" is recovering from an illness.
Whilst I see my 9 year old every Saturday, I have no formal arrangement for access.
I have been told that a judge would not agree a decree nisi if there is no provision for my 9 year old what are my rights and how should I proceed even if the answer is keep the status quo.
Jeremy
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
DO you actually wish to seek a divorce and who has told you that you cannot do so
Clare
Customer: replied 1 year ago.

I have a business colleague who is a close friend of both myself and my wife, and he has divorced twice.

It was he who suggested the Judge would not grant Decree Nisi because of the financial situation.

I really want to know my options, now that the separation was been two years.

It is such a complex situation with the various friendships and business associations I don't want to go down any route without knowing where I stand.

Jeremy

Expert:  Clare replied 1 year ago.
Hi
Will your wife agree to a divorce?
Clare
Customer: replied 1 year ago.

I haven't asked her as it is so difficult to broach the subject

Expert:  Clare replied 1 year ago.
Hi
Ok
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you and your ex each have?
Clare
Customer: replied 1 year ago.

House likely to be worth circa £300,000 mortgage £240.000

I bring in between £3,000 and 4,000 pcm gross I am self employed

My wife brings in Circa £1,000 she is self employed too No other assets.

Jeremy

Expert:  Clare replied 1 year ago.
Hi
What is the extent of your debts and do the businesses you each run have any value?
Clare
Customer: replied 1 year ago.

I have CC debts of about £50K there is Car Finance which is in my wifes name with about £6000 left on the deal, which I cover monthly I pay my wife £1750 which was on mutual agreement.

I am not sure of the value of the pre school but she owns this jointly I think the T/O is circa £60000 but the profit about £5000 net

My business turned over £60000 with a profit for 13/14 of £17,000

There is no debt against either businesses.

I would estimate my business is worth £25,000

The preschool similiar

Expert:  Clare replied 1 year ago.
Hi
Does your ex pay the mortgage and household bills from the money that you give her?
Clare
Customer: replied 1 year ago.

No the mortgage and bills come out of a joint account

Expert:  Clare replied 1 year ago.
Hi
Sorry - then you pay her the £1750 AS WELL?
Clare
Customer: replied 1 year ago.

No sorry I put the £1750 the joint account and all the bills are taken out of that

Expert:  Clare replied 1 year ago.
H
That is better - anything else would have been overly generous.
There is no reason why there shoudl not be a divorce now - there would be no problem in a Decree Nisi being granted
If your ex will agree to a divorce based on the fact that you have been separated for two years then that would be best - if not then you may consider a divorce based on her Unreasonable Behaviour.
In any event the law says that a child is entitled to contact with both parents and the courts will enforce this if necessary
You will of course need to discuss financial issues with your ex - this is best done using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Thank you

Expert:  Clare replied 1 year ago.
Hi
You are most welcome
Clare

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