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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2542
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can you answer about a uk family law question

Resolved Question:

Hello can you answer about a uk family law question
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
What is your question?
Customer: replied 1 year ago.
Hello my husband has left the family home. We have 2 children and I have one other child. One of our 2 children is disabled.
My husband is saying he is going to seek legal advice and is going to continue paying the mortgage for 18 years and have access to the property for that long event after divorce is this right can he do this? What I want is to be able to get him to pay half the mortgage plus child maintenance until such time as I can take on the mortgage which is likely when our youngest child starts school. Husband has a 160k pension and earns between 4-7.5k per month. I am currently on maternity leave. What are my options?! We jointly own the home the mortgage is around 228k and it's worth about 270k
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Would appreciate written advice as well as perhaps a call. I have included all my notes on the subject
Additionally my ex has been to two solicitors I found out.
He also has been lying about his annual leave and taking time off all the time but refusing to take time off to have our 3 year old the same weekends as her sister goes to her other dads. He is refusing any contact with older child who isn't his, she is happy with this. He says he will have daughter whenever he wishes and doesn't care that because they go to school and pre school if he doesn't match the weekends up then they hardly see each other. My smallest is only 5 months disabled and fully breastfed , he has not had contact with him for over 6 weeks and has no idea of his meds or physio needs- I have told him he can have as much contact as he wishes with him but I must be present because of my sons complex medical and physical needs- is this reasonable and ok am I doing anything wrong by saying this- I do not feel my son would he safe if he was alone with him as he has no idea about his needs and has never shown an interest . My son could become very sick quickly without the right meds at the right times.
Customer: replied 1 year ago.
My email is***@******.*** and phone is 01634 252050 or *********** if you could contact me on any of those
Expert:  Harris replied 1 year ago.
Thank you for the confirmation.
As you have separated from your husband, both you and the children require security regarding the future. I would therefore suggest that both of you attend mediation where you can discuss formal arrangements and any issues outstanding regarding finances, and the child arrangement issues (eg. contact). You can find local mediators here: http://www.familymediationcouncil.org.uk/ - this is usually the best option to start things off so that you attempt to keep things amicable with the help of someone independent to guide you both to an agreement.
The first point you should consider is whether you wish to seek a divorce at this time. If you are then the finances can be dealt with alongside the divorce and both you and your husband will have to provide full and frank financial disclosure in order to outline both positions. Once you reach an agreement regarding the finances a formal consent order can be sent to court for approval. If you do not wish to pursue a divorce at this time then a separation agreement should be considered - this would not be be strictly legally binding as it is not a court order, but it outlines each parties obligations and intentions.
As the property is the matrimonial home, both you and your husband have a right to occupy it and therefore he can return to the property prior to any order or agreement being made. However, as you appear to be the main carer of the children, if you were to pursue an order it is likely that the court will agree for you and the children to remain in the property during the children's upbringing. After which, a possible a sale or transfer to either you or your husband should be considered.
When attempting to agree the finances you should be aware of the things that a court would look at when deciding how assets should be split, and if any maintenance should be paid. The court will look at the length of the marriage, ages of the children, your and your husband's contributions (financial and non-financial), your needs, your children's needs and your husband's needs and earning capacity in the future.
The court will deal with orders in relation to the assets, spousal maintenance and pensions. Child maintenance will be dealt with by Child Maintenance Options who will calculate how much your husband should pay based on his gross income and how many nights a week on average the children stay overnight with him.
Expert:  Harris replied 1 year ago.
In relation to contact with your children, if you are concerned about your youngest child's well-being then you can refuse that he has contact until your concerns are met. I think that your proposals are reasonable given his needs.
Expert:  Harris replied 1 year ago.
Hi, please let me know if you have any further questions regarding this. Please rate positive if you found the previous information helpful.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please let me know if you have any further questions. If not and you found the the information provided helpful please could you rate my response positive so that the question can be closed.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2542
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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