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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter is separated from her husband who has now been

Resolved Question:

Hi my daughter is separated from her husband who has now been made redundant after24 years with Fizer ?
they have 3 boys and I wanted to check for her ( amount will be over 200 K ) will she be entitled to any part of it as he is saying he is now unemployed and can afford £5.00 per week !! The upset of course so i wanted to check before anything else
Thank you
David
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
sorry divorced
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Was a final financial settlement reached as part of the divorce and has she remarried since the divorce? Do you know what other assets they have and what income she has? Does she work, and was he paying child maintenance?
In terms of child maintenance his statutory liability would be nil due to his income being £5 per week, but should be reassessed once he obtains new employment.
As part of divorce proceedings a financial settlement needs to be reached which includes consideration of her full financial position, his full financial position, the children's needs and both of their needs. The consideration would take into account his redundancy payment. The court can make orders such as property transfers, lump sum orders and spousal maintenance.
For your general information, the court will take into account the following criteria when approving an agreed settlement, or making an order:
1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
Please let me know if you have any further questions regarding this.
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