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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34278
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Clare

Resolved Question:

Hi Clare
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.
How far have the financial negotiations reached?
Clare
Customer: replied 2 years ago.
We have not had any financial negotiations other than the fact that we have both agreed that we do not want full financial disclosure. We have agreed that our objective is to find a solution whereby I pay a fixed amount and we split equity in our property. The equity is circa 180k. Aside from this, my wife's assets significantly outweigh mine in the form of savings and a half share in another property with a third party. I have told her that I have no interest in these assets providing we can move forward with a fair solution.
Expert:  Clare replied 2 years ago.
Hi
Are there any children involved?
Clare
Customer: replied 2 years ago.
3 children, 16, 14 and 12. They spend some of the time with me and some with mum. She also has a new boyfriend who stays at the martial home 4 days p/w. So effectively I'm covering the cost of washing his clothes, electricity, TV, water, etc etc.
Expert:  Clare replied 2 years ago.
Hi
May I ask why you are still paying the mortgage and all the bills.
Clare
Customer: replied 2 years ago.
Hi Clare, the truth is I don't really know! I guess I did it out of what I felt was a moral obligation initially and it's just carried on. I have a new home now and I really need some proper advice on the best way forward whilst I obviously want to do the right thing for my children. I'm a bit lost to be honest, I want to be divorced in order to move on and I'm not bothered about my wife's assets but I want to be fair in terms of splits. Help!
Expert:  Clare replied 2 years ago.
Hi
Which of you issued the petition?
have you attended mediation?
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Clare
Customer: replied 2 years ago.
Hi, my wife issued the petition.
We have not attended mediation.
The house is worth 650,000 with mortgages and secured debts of 400,000.
No other significant assets on my part, just a car worth about 2k, she has savings of approx 20k I believe. She also owns half of a business premises in Sunderland with hers valued conservatively at 100k, no mortgage. She has a car worth about 3k.
I am self employed earning 1000 p/m + expenses.
She is employed as a gardener and also works as a self employed fitness instructor. I don't know how much she earns.
Expert:  Clare replied 2 years ago.
Hi
Whilst you can apply for Decree Absolute the fact that finances have not yet been resolved means that your ex can ask for a delay which is likely to be granted
Before applying you should arrange to discuss the financial issues using a local Family Mediator
www.familymediationhelpline.co.uk
You should also notify your ex that in future you will pay child maintenance at the prescribed rate
http://www.nacsa.co.uk/index.php/cs3-calculations
and half of the Mortgage - and she will have to pay the bills and the rest of the mortgage - I suggest that you start this from October
Make it plain that you will only meet half of the mortgage for the next six months to allow for negotiations to take place
If your ex continues to ignore the matter you may need to apply to the court for the financial issues to be resolved
I hope that this is of assistance - please ask if you need further details
Clare
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