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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My X daughter Inlaw wants £3000 off my son of the

Resolved Question:

My X daughter Inlaw wants £3000 off my son for part of the car he kept, also she wants all the children's toys and half his pension. How does he stand with this.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please can you provide a bit more information:
- are they married, and if so for how long?
- has she pursued divorce proceedings?
- how old are the children and what is the arrangement for both of them to see/ care for them
Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes they are married, been separated for year and half. Married for 13 years. He is divorceing her.
Children are 12, 10 & 7. My son has them every Tuesday for the night and every other weekend Friday to Monday morning. The 12 year old does not stay anymore at her dads.
Expert:  Harris replied 1 year ago.
Thanks.
As part of the divorce they will both be entitled to submit an application for financial relief if no agreement can be reached between them. As part of negotiations they will both need to be full and frank about their finances and provide each other disclosure of bank statements, assets, pensions, income and other finances, as well as their reasonable needs and the children's needs. The court's starting point when either approving a settlement or making an order is a 50-50 split of all assets and the criteria below will be looked at when deciding whether to depart from the equal split. In relation to his pension, if this was all accrued during the marriage then she has a right to claim a share of it. If any was accrued prior to the marriage, then he can argue that her claim should only be limited to what has accrued during the marriage. The criteria the court looks at is:
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.
Separately to this she will be able to make a claim to the Child Maintenance Service for child maintenance, which is calculated on his gross income.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.